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Issue with partner

  • 17-09-2018 6:54pm
    #1
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Hi, I am in a long term relationship that just came to an end, we have kids and she own the house in which we all live and have lived for the last 15 years or so.
    She pays the mortgage and I pay the house bills, food for all and other expenses.
    She has essentially been putting her money towards an asset with an important value while I was, indirectly or directly, helping her achieve these payments but without benefiting from this asset.

    My question is very simple, Can she kick me out whenever she wants legally or do I have a ground to stand on to stay until I sort myself out? Am i considered a tenant/licensee or any other status?

    Thanks!
    IssueToBeResolved


Comments

  • Society & Culture Moderators Posts: 25,948 Mod ✭✭✭✭Neyite


    Who is named on the mortgage- just her?


    I think you need to seek legal advice on this to be honest.


  • Registered Users, Registered Users 2 Posts: 14,234 ✭✭✭✭Dial Hard


    The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 applies and yes, you have rights with regards to the house, but Neyite is correct, you really need legal advice.


  • Registered Users, Registered Users 2 Posts: 4,782 ✭✭✭Xterminator


    Hi Op

    would you care to estimate how much per month you contributed, and how much rent you saved for those 15 years?You will find you didn't do too bad out of the arrangement either as you would have had house bills and food for yourself.

    im not trying to be provocative but you appear to have blinkers on, where you see her as having had all the benefit, and you none but you both benefited from the arrangement.

    I recommend you think long and hard before putting in a claim on your partners home. taking the above into account - how out of packet do you claim to be after accounting for your own rent and bills and food ? as you have children what will the effect be on them ?


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Solicitor time.

    Know your rights even if you dont have to enforce them


  • Registered Users, Registered Users 2 Posts: 3,627 ✭✭✭Fol20


    Hi Op

    would you care to estimate how much per month you contributed, and how much rent you saved for those 15 years?You will find you didn't do too bad out of the arrangement either as you would have had house bills and food for yourself.

    im not trying to be provocative but you appear to have blinkers on, where you see her as having had all the benefit, and you none but you both benefited from the arrangement.

    I recommend you think long and hard before putting in a claim on your partners home. taking the above into account - how out of packet do you claim to be after accounting for your own rent and bills and food ? as you have children what will the effect be on them ?

    I think there is double standards here as if the roles were reversed, the man would automatically be expected to get out. If they have been living together for 15 years, they would have been practically married.

    The only thing I would say is how much of an impact it will have on the children but I would be expecting something out of it at least


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  • Registered Users, Registered Users 2 Posts: 1,303 ✭✭✭sexmag


    If I remember correctly a person in a cohabiting partnership who isn't named on a mortgage would be entitled to a portion of any positive equity created on the house they helped provide for,this nonsense of op benefiting and saving from rent So not entitled to anything is just that-nonsense. Ops partner may have benefited from having no other costs other than just the mortgage each month while op cared for all other expenses including the children which would certainly mean they would be entitled to something, just as if the roles were reversed

    If op had split the bills for food and mortgage would it make any difference? No

    Op speak with a solicitor


  • Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭jimmycrackcorm


    sexmag wrote:
    If I remember correctly a person in a cohabiting partnership who isn't named on a mortgage would be entitled to a portion of any positive equity created on the house they helped provide for,this nonsense of op benefiting and saving from rent So not entitled to anything is just that-nonsense. Ops partner may have benefited from having no other costs other than just the mortgage each month while op cared for all other expenses including the children which would certainly mean they would be entitled to something, just as if the roles were reversed


    It's going to be very difficult for the op. Unless he has contributed in some way to the actual property then basically he will find that they've both basically shared living costs equally.

    Court action might result in aube dirt off payout but there won't be any sort of equal share.


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Thank you all for the replies, I will seek the advice of a family solicitor this week or next week at the latest.
    My goal isn't to claim on the house but rather to protect myself from being kicked out prior to sorting out my situation and securing a proper accommodation, especially in the current housing crisis that is affecting County Dublin really bad.


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