What financial rights do unmarried parents have if they split up?

EpicPigeon

Parents are splitting up, they have been together for years. Dad is buying the rest of the house out as he had well paying job and is trying to cut mum off financially completely. As it is likely she will lose her job due to cuts recently made at her workplace she wants to fight this is there any way she can fight it?

lifeandtimes

EpicPigeon wrote: »

Parents are splitting up, they have been together for years. Dad is buying the rest of the house out as he had well paying job and is trying to cut mum off financially completely. As it is likely she will lose her job due to cuts recently made at her workplace she wants to fight this is there any way she can fight it?

Unmarried she isn't entitled to anything from the partner by way of maintenance.

However if she can prove they have cohabited for over 8 years she can claim on the sale of the house and if she paid toward the mortgage she can also claim towards any equity made on the house. All this information is available on citizens information which is suggest your mother review and consult a solicitor

fleet

lifeandtimes wrote: »

Unmarried she isn't entitled to anything from the partner by way of maintenance.

Not quite. Since 2011 there are new cohabitation laws. Property and maintenance rights included.

https://www.citizensinformation.ie/en/birth_family_relationships/cohabiting_couples/

lifeandtimes

fleet wrote: »

Not quite. Since 2011 there are new cohabitation laws. Property and maintenance rights included.

https://www.citizensinformation.ie/en/birth_family_relationships/cohabiting_couples/

You are correct, however ops mother has a job so would not be financially dependent on the father so this would not apply to her and as such my original comment is correct regarding this particular situation

"If the cohabiting relationship subsequently breaks down you may not apply to the court for maintenance for yourself, unless you satisfy the eligibility criteria for the redress scheme for cohabiting couples. You will have to show that you were/are financially dependent on your partner."

http://www.citizensinformation.ie/en/birth_family_relationships/parenting_alone/maintenance_and_unmarried_couples.html

Other than maintenance for any children under 18 or 23 in full time college then ops mother wouldn't have any rights other than equity in the home or if she made contributions to the mortgage

"If your relationship breaks down and your name is not on the title deeds to the house, you may still be able to show that you have some ownership rights in relation to the house. These rights are based on the fact that you made a contribution to the purchase price of the house with the intention of gaining a share in the ownership of the house.

Contributions to the purchase price of the house can be direct or indirect. Direct contributions include contributions to the initial down payment for the house or contributions to the mortgage installments. Indirect contributions may include paying some of the other day-to-day household expenses or unpaid work in the legal owner of the house's business. It has been held by the courts that working in the home looking after children and money spent or work done on home improvements are not contributions that give you any right of ownership in relation to the house."

http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/property_rights_and_the_breakdown_of_a_cohabiting_relationship.html

Peregrinus

It's entirely possible - and indeed common - to have a job and yet be financially dependent on another person. Conjugal couples - married or unmarried - are usually considered to be mutually financially independent to at least some degree. And in this case, where according to the OP one partner has a well-paying job and the other is about to made redundant, the option of maintenance is well worth exploring.

The OP's mum should take legal advice, and soon.