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Partner moving into my house

  • 28-12-2020 5:30pm
    #1
    Registered Users, Registered Users 2 Posts: 66 ✭✭


    Hi all,

    I'm looking for some advice.

    I'm thinking about asking my partner to move into the house that I own (took out a mortgage last year), but I want to make sure that I do it in the right way, so that should something happen between us, that he is not entitled to any piece of the property and contents etc.

    I have heard that the best way to do this is to simply set up a rent book and keep track each month of the rent that he will pay me, plus bills, so technically he is a lodger, but I just want to be sure that I am not missing something here.

    Any help is appreciated. Thanks!


«1

Comments

  • Registered Users, Registered Users 2 Posts: 6,539 ✭✭✭dobman88


    Hi all,

    I'm looking for some advice.

    I'm thinking about asking my partner to move into the house that I own (took out a mortgage last year), but I want to make sure that I do it in the right way, so that should something happen between us, that he is not entitled to any piece of the property and contents etc.

    I have heard that the best way to do this is to simply set up a rent book and keep track each month of the rent that he will pay me, plus bills, so technically he is a lodger, but I just want to be sure that I am not missing something here.

    Any help is appreciated. Thanks!

    Yep. That's what we did. She owns the house. I moved in. Pay her x a month that she keeps track of and I pay by bank transfer so there's an easily accessible trail.

    What I'd suggest is coming to an agreement on an amount inclusive of bills. You already pay the Bill's and have them all set up in your name, last thing you want is to be splitting a bill once a month.


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


    Hi all,

    I'm looking for some advice.

    I'm thinking about asking my partner to move into the house that I own (took out a mortgage last year), but I want to make sure that I do it in the right way, so that should something happen between us, that he is not entitled to any piece of the property and contents etc.

    I have heard that the best way to do this is to simply set up a rent book and keep track each month of the rent that he will pay me, plus bills, so technically he is a lodger, but I just want to be sure that I am not missing something here.

    Any help is appreciated. Thanks!

    It doesn't really matter what you do, he'll be entitled to look for an interest in the property after 5 years regardless, 3 if you end up having children. It's not an automatic entitlement and he doesn't "get" 50% or any particular share, despite what the doom-mongers here will tell you, but if you broke up after either of those time periods, he can apply for a share in the house.

    What that is will depend on what you both brought to the table initially, what he contributed to the house while he was living in it, both of your financial situations at the time of the break-up and, finally, the judge in question on the day.


  • Registered Users, Registered Users 2 Posts: 7,979 ✭✭✭YellowLead


    Dial Hard wrote: »
    It doesn't really matter what you do, he'll be entitled to look for an interest in the property after 5 years regardless, 3 if you end up having children. It's not an automatic entitlement and he doesn't "get" 50% or any particular share, despite what the doom-mongers here will tell you, but if you broke up after either of those time periods, he can apply for a share in the house.

    What that is will depend on what you both brought to the table initially, what he contributed to the house while he was living in it, both of your financial situations at the time of the break-up and, finally, the judge in question on the day.

    This is true. Call him a lodger all you want but if you are in a relationship he would be entitled to claim a share as per above time periods, it would be up to the courts to decide how much. Him contributing towards rent would be seen as him contributing towards mortgage because of your relationship, even if you are calling it rent :)

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


  • Registered Users, Registered Users 2 Posts: 6,539 ✭✭✭dobman88


    Jesus.

    If you're with someone who would try and claim part of the house and take you through the courts, you need to rethink your relationship.

    God forbid if me and my missus ever break up, I wouldn't dream of trying to do something like that.


  • Registered Users, Registered Users 2 Posts: 10,673 ✭✭✭✭senordingdong


    dobman88 wrote: »
    Jesus.

    If you're with someone who would try and claim part of the house and take you through the courts, you need to rethink your relationship.

    God forbid if me and my missus ever break up, I wouldn't dream of trying to do something like that.
    Love tends to go out the window when money is involved.
    That's why these protections exist.


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  • Registered Users, Registered Users 2 Posts: 5,450 ✭✭✭LollipopJimmy


    I did this recently. The share in the house never crossed my mind. As for paying her way, I said name a figure that she thought fair and send that each month. I thought it was too much so suggested saving the difference for our holidays


  • Registered Users, Registered Users 2 Posts: 6,539 ✭✭✭dobman88


    Love tends to go out the window when money is involved.
    That's why these protections exist.

    I understand why the legal aspect has to be in place. But surely the OP can judge the type of person they're with. And if they're the type to drag you through the courts, you're better off cutting losses, not moving them in.


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    I believe we should have prenuptial agreement here.....

    Extremely unfair for say someone that has bought and paid say for 10 or 15 years and then relationship starts, finished and the other especially if it's a woman gets to keep the house once kids are involved and then gets a stake in it and it does tend to be 50%

    I know many it's happened too.


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    dobman88 wrote: »
    I understand why the legal aspect has to be in place. But surely the OP can judge the type of person they're with. And if they're the type to drag you through the courts, you're better off cutting losses, not moving them in.

    How though, it happens a lot.....

    You could be deeply in love but greed and money is unreal what it does to someone.


  • Registered Users, Registered Users 2 Posts: 7,979 ✭✭✭YellowLead


    dobman88 wrote: »
    I understand why the legal aspect has to be in place. But surely the OP can judge the type of person they're with. And if they're the type to drag you through the courts, you're better off cutting losses, not moving them in.

    Agree, but she did ask, so why not inform her


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  • Registered Users, Registered Users 2 Posts: 1,107 ✭✭✭bcklschaps


    dobman88 wrote: »
    Jesus.

    If you're with someone who would try and claim part of the house and take you through the courts, you need to rethink your relationship.

    God forbid if me and my missus ever break up, I wouldn't dream of trying to do something like that.

    You probably don't think like that at the start, but time changes a lot of things....and relationships break up...(not always without acrimony)

    If a partner had put a lot of value/money into a shared home....they are entitled to get that back if they are forced to leave at some point, down the line.


  • Registered Users, Registered Users 2 Posts: 10,673 ✭✭✭✭senordingdong


    dobman88 wrote: »
    I understand why the legal aspect has to be in place. But surely the OP can judge the type of person they're with. And if they're the type to drag you through the courts, you're better off cutting losses, not moving them in.

    Everybody that had been through a bad divorce/separation has thought the same.


  • Registered Users, Registered Users 2 Posts: 36,170 ✭✭✭✭ED E


    I believe we should have prenuptial agreement here.....

    Yeah, its a bit of a disaster that its prevented here.


  • Registered Users, Registered Users 2 Posts: 475 ✭✭mickuhaha


    Rent out the rooms in the house and move in with her.


  • Registered Users, Registered Users 2 Posts: 7,979 ✭✭✭YellowLead


    The truth is your partner might be able to get their own mortgage but is willing to put that on hold to move in with you so would you be willing to pay them back the money they gave you towards your mortgage if you split? Otherwise they have been giving you money towards your mortgage and they end up with nothing if you split.
    If you want to live with your partner then I think you have to be willing to share.


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    mickuhaha wrote: »
    Rent out the rooms in the house and move in with her.

    If they stay together though she would still have rights over assets....


  • Registered Users, Registered Users 2 Posts: 7,979 ✭✭✭YellowLead


    If they stay together though she would still have rights over assets....

    I don’t think that is correct when they are not married. Cohabitation is different and as far as I know it’s only the house you lived in together you have a claim to, and maintenance if you are financially dependent.


  • Registered Users, Registered Users 2 Posts: 10,673 ✭✭✭✭senordingdong


    YellowLead wrote: »
    The truth is your partner might be able to get their own mortgage but is willing to put that on hold to move on with you so would you be willing to pay them back the money they gave you towards your mortgage if you split? Otherwise they have been giving you money towards your mortgage and they end up with nothing if you split.
    If you want to live with your partner then I think you have to be willing to share.

    The only alternative in that instance is that she sells her house and they start fresh 50/50.


  • Registered Users, Registered Users 2 Posts: 7,979 ✭✭✭YellowLead


    The only alternative in that instance is that she sells her house and they start fresh 50/50.

    Exactly. Either start afresh together or be willing to pay back what’s owed in the event of a split.


  • Registered Users, Registered Users 2 Posts: 6,539 ✭✭✭dobman88


    YellowLead wrote: »
    Agree, but she did ask, so why not inform her

    Oh I agree. Its definitely better to inform her. it wasnt something I was aware of myself tbf. I just think its mad youd move in with someone or invite someone into your home if you dont trust them that much. As I said, I'd never dream of doing anything like that to my missus if the worst was to happen


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  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    mickuhaha wrote: »
    Rent out the rooms in the house and move in with her.

    You can't rent out the rooms in a house you don't live in without paying tax at your marginal rate. The €14k exemption from tax is only if you live in the house. Probably cheaper to let their partner get a share of the house then rent it out and rent another property.


  • Registered Users, Registered Users 2 Posts: 452 ✭✭ebayissues


    YellowLead wrote: »
    The truth is your partner might be able to get their own mortgage but is willing to put that on hold to move on with you so would you be willing to pay them back the money they gave you towards your mortgage if you split? Otherwise they have been giving you money towards your mortgage and they end up with nothing if you split.
    If you want to live with your partner then I think you have to be willing to share.

    Hang on, I disagree with the above. The partner moving in will pay less than if she were renting by herself. Effectively aren't they saving more instead?

    What percentage can the partner ask for if thry split up?

    Lets say A got mortgage, B, the partner moving in didn't contribute towards deposit, but paid 50% of mortgage payments each month for 3 years. Is she entitled to 50% of these payments? Surely can't be.


  • Registered Users, Registered Users 2 Posts: 7,979 ✭✭✭YellowLead


    ebayissues wrote: »
    Hang on, I disagree with the above. The partner moving in will pay less than if she were renting by herself. Effectively aren't they saving more instead?

    What percentage can the partner ask for if thry split up?

    Lets say A got mortgage, B, the partner moving in didn't contribute towards deposit, but paid 50% of mortgage payments each month for 3 years. Is she entitled to 50% of these payments? Surely can't be.

    No, they wouldn’t be. They would likely to be awarded a percentage that corresponded with what they contributed instead of nothing.
    Also - the OP is female in this case and her partner moving in is male (just clearing that up as a few posters have assumed the opposite).

    To your point about OPs partner saving money - in a lot of cases mortgage payments are much lower than rent. Hence everybody is trying to get off the rental scene if they can. OPs partner will be paying half (or a portion) of her mortgage for many years instead of paying into his own mortgage and building equity.


  • Registered Users, Registered Users 2 Posts: 614 ✭✭✭random_banter


    ebayissues wrote: »
    Hang on, I disagree with the above. The partner moving in will pay less than if she were renting by herself. Effectively aren't they saving more instead?

    What percentage can the partner ask for if thry split up?

    Lets say A got mortgage, B, the partner moving in didn't contribute towards deposit, but paid 50% of mortgage payments each month for 3 years. Is she entitled to 50% of these payments? Surely can't be.

    I’m in this situation. Have been ready for my own mortgage for some time now and have been paying half my partner’s mortgage while also adding to my own deposit. While in a happy relationship, it’s starting to grate on me that I’m paying toward their mortgage when I could be contributing to my own equity. Of course I didn’t contribute to the deposit which was put down before my time, but there’s still tens of thousands of my money going against the mortgage at this point.

    The advice here is sound. Perhaps set up a tenancy agreement (as if your partner is renting a room) and keep track of the monthly rent. You should protect yourself.

    As some have said here, everything can be rosy at the moment but if it’s not in a few years you could have a resentful ex on your hands after paying half your mortgage for a number of years. It doesn’t mean this is a bad person, but they could feel hard done by if the relationship ends on bad terms.

    My 2c.

    Other than that, best of luck, moving in with a partner is an exciting time!

    Perhaps if you both decide you’re in it for the long haul, then think about your housing arrangements and make a plan. The fact that we’re now viewing properties to buy together is the only reason I’ve not moved out at this point, as it’s important to start building my own equity, IMO. Your partner may feel the same in the future.


  • Registered Users, Registered Users 2 Posts: 452 ✭✭ebayissues


    A lot of good points... Will you be resentful towards your ex if you were paying rent x2 of mortgage payments?

    Moving from rented accommodation to sharing with a partner that owns a home should cost saving. To the individual that doesn't have a house, it's more saving for one.

    Anyway both individuals should protect themselves


  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    Be aware that if the partner becomes unemployed (or sick or whatever), they will be entitled to benefits in their own right for a while. But after they run out, their access to benefits is means-tested against your income. Effectively because you share an address, the state treats you as married for welfare purposes, irrespective of lodger agreements, rent payments etc.

    But not for tax-purposes - so you cannot use their tax-credits if they cannot.


  • Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    Thread is full of ‘this is how I think it should work’.


  • Registered Users, Registered Users 2 Posts: 7,979 ✭✭✭YellowLead


    endacl wrote: »
    Thread is full of ‘this is how I think it should work’.

    In what way? Citizens information lays out all the facts, it’s not hard to google if you didn’t know about cohabitation rights already...


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  • Registered Users, Registered Users 2 Posts: 66 ✭✭InterestedK


    Wow, I did not think I would get this amount of replies, but thank you all!

    I'm still quite unclear as to how to proceed, as there seems to be different ways to approach this.

    Protecting myself here is the most important thing, even though I don’t think my partner would ever drag me through court etc., I want to make sure that if things were to go belly up (hopefully not), that I would still have my house. He too I'm sure will understand that I have to be protected.

    In terms of his value/ share/ interest in the house, would it make a difference if I continued to buy all furniture etc, so he is literally just paying a rent amount, as if he were a lodger?

    Can a prenuptial agreement be put in place if we are not married etc? I always thought they were just for couples who were about to get married.

    @Dobman88 - Thanks for the suggestion of doing inclusive of bills, that would be easier.

    @Mickuhaha, I’m a female and I don’t want to rent out 4 bedrooms in my brand new house and move into a house share with my partner and other strangers! :)


  • Registered Users, Registered Users 2 Posts: 7,979 ✭✭✭YellowLead


    Doesn’t matter if you buy furniture etc if he is contributing towards your mortgage and living with you for 5 years he is entitled to claim an amount of which a court will decide based on his contribution.

    What you could do either is just don’t take any payments from him? Then, he would be very unlikely to be awarded anything at all in the event of seeking any equity post split.

    If you are expecting him to help pay your mortgage then it’s odd you wouldn’t feel you needed to pay him back in the event of a split in my opinion.


  • Registered Users, Registered Users 2 Posts: 2,887 ✭✭✭accensi0n


    YellowLead wrote: »
    If you are expecting him to help pay your mortgage then it’s odd you wouldn’t feel you needed to pay him back in the event of a split in my opinion.

    Not really.

    Let's say average cost of rent for a room in a similar property is €600.
    They agree that he pays €400 euro and she covers all repair/improvement costs.

    In that scenario I would find it way more odd for the other person to be pushing for money in the event of a split.
    Looking for money back even though the arrangement was done in such a way that it allowed him to save more than he would have been able to if he was renting on his own or even in a house share.


  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble



    Can a prenuptial agreement be put in place if we are not married etc? I always thought they were just for couples who were about to get married.

    Prenuptial agreements have no legal status in Ireland. No matter what your marital status is.


  • Registered Users, Registered Users 2 Posts: 9,512 ✭✭✭runawaybishop


    accensi0n wrote: »
    Not really.

    Let's say average cost of rent for a room in a similar property is €600.
    They agree that he pays €400 euro and she covers all repair/improvement costs.

    In that scenario I would find it way more odd for the other person to be pushing for money in the event of a split.
    Looking for money back even though the arrangement was done in such a way that it allowed him to save more than he would have been able to if he was renting on his own or even in a house share.

    That's not how it works. If he's paying towards the mortgage, he is entitled to partial ownership. Doesn't matter what rent is, he could have decided not to rent or to get his own mortgage.


  • Closed Accounts Posts: 381 ✭✭ToddDameron


    Personally would never put myself in a position where my partner would want me to have nothing if things went wrong. I would always be uneasy knowing that I was paying rent into a black hole, and it would never feel like home.


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  • Registered Users, Registered Users 2 Posts: 7,979 ✭✭✭YellowLead


    accensi0n wrote: »
    Not really.

    Let's say average cost of rent for a room in a similar property is €600.
    They agree that he pays €400 euro and she covers all repair/improvement costs.

    In that scenario I would find it way more odd for the other person to be pushing for money in the event of a split.
    Looking for money back even though the arrangement was done in such a way that it allowed him to save more than he would have been able to if he was renting on his own or even in a house share.

    Why not let him live there rent free and he just pays for half of the bills/food. Why look for mortgage payments out of him and then expect him to walk away with nothing in the event of a split many years down the line?
    If he’s been paying half the mortgage (it might be less she’s asking for but it could be half) for 10 years (let’s say the split happens then) why should he be left with nothing? He could have been living with parents and saving or paying his own mortgage. It’s not like he could claim half the house itself OP remains the legal owner, just a portion of equity he’s entitled to.


  • Registered Users, Registered Users 2 Posts: 1,896 ✭✭✭Irishphotodesk


    Hi all,

    I'm looking for some advice.

    I'm thinking about asking my partner to move into the house that I own (took out a mortgage last year), but I want to make sure that I do it in the right way, so that should something happen between us, that he is not entitled to any piece of the property and contents etc.

    I have heard that the best way to do this is to simply set up a rent book and keep track each month of the rent that he will pay me, plus bills, so technically he is a lodger, but I just want to be sure that I am not missing something here.

    Any help is appreciated. Thanks!

    Firstly, look at your relationship, you say you are ready for the next level ? Is he ?
    Moving in together has its complications, especially if you own the property and he will have to bring all his stuff and find space -in your home, to store everything.

    This exact situation happened to me, I was delighted to move in with my girlfriend (despite her house being 2 counties away from work, instead of a 10minute commute, I now had an hour or hour and a half commute in each direction).

    I was very conscious and still am...that this is her house - it's our home, but she got the deposit and mortgage (thankfully a tracker) , I'm here over 10yrs now, we are married and have kids and I still know this is her house.

    At the start I was paying rent/bills but after we got engaged, and married money was just put into a general bills/mortgage account, I encouraged her to take redundancy around 2011 (she was being bullied) , so I have been paying for everything since around then.

    So, I guess what I'm saying is .... If he is ready for the next step - to move in, then you will need to be willing to accept changes in your home, at the end of the day it is your home.
    As regards the financial situation, no harm in asking him to pay rent and put it aside into a different account and just hold it..... You could always review the living situation after a few months/year (as has been mentioned, he doesn't have any entitlement until 3yrs if kids are involved or 5yrs if no kids)

    Congrats on being ready to live together... It's a big step in a relationship.


  • Registered Users, Registered Users 2 Posts: 5,267 ✭✭✭Elessar


    Dial Hard wrote: »
    It doesn't really matter what you do, he'll be entitled to look for an interest in the property after 5 years regardless, 3 if you end up having children. It's not an automatic entitlement and he doesn't "get" 50% or any particular share, despite what the doom-mongers here will tell you, but if you broke up after either of those time periods, he can apply for a share in the house.

    What that is will depend on what you both brought to the table initially, what he contributed to the house while he was living in it, both of your financial situations at the time of the break-up and, finally, the judge in question on the day.

    Yes this is mostly true but under the 'Rights of Cohabiting Couples' in Ireland, if a cohabiting relationship breaks down, a person must prove that they are a qualified cohabitant and were financially dependent on their partner. What exactly 'financially dependent' means I don't know, but if they were working full time and had a steady wage I would think they wouldn't qualify, even after 5 years.

    But even then it's not entirely clear as some sources are saying if they financially assist with say mortgage payments, they may have some ownership rights to your house.

    https://www.lawonline.ie/law-guides/personal/living-together

    EDIT: If they were 'financially dependent' they could take you to the cleaners - they can claim maintenance payments, pension order adjustments and property adjustments :eek: That could lead to a bizarre situation where you could be paying maintenance/pension payments for your ex girlfriend/boyfriend from years ago that you never even married!


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


    Elessar wrote: »
    Yes this is mostly true but under the 'Rights of Cohabiting Couples' in Ireland, if a cohabiting relationship breaks down, a person must prove that they are a qualified cohabitant and were financially dependent on their partner. What exactly 'financially dependent' means I don't know, but if they were working full time and had a steady wage I would think they wouldn't qualify, even after 5 years.

    But even then it's not entirely clear as some sources are saying if they financially assist with say mortgage payments, they may have some ownership rights to your house.

    https://www.lawonline.ie/law-guides/personal/living-together

    EDIT: If they were 'financially dependent' they could take you to the cleaners - they can claim maintenance payments, pension order adjustments and property adjustments :eek: That could lead to a bizarre situation where you could be paying maintenance/pension payments for your ex girlfriend/boyfriend from years ago that you never even married!

    The financially dependent qualification only applies to redress orders. There's no such requirement in place for shared property. If you contributed financially, you're entitled to look for a share after 3/5 years*. Doesn't matter what your financial situation is.

    * In the event of a break-up, obvs.


  • Registered Users, Registered Users 2 Posts: 302 ✭✭Piollaire


    This is not a partnership - he will have to pay you so that you let him live in your house. He will never have anything to show for all the cash he has handed over. This is a landlord tenant-relationship where he will be subservient to you. You will be able to evict this guy from his home (your house) at your whim. Tell him to stay in his own place to retain his dignity, his freedom and his mental health.


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  • Registered Users, Registered Users 2 Posts: 452 ✭✭ebayissues


    Does anyone actually have concrete examples of cases as to what was awarded to the otherparty who didn't have the home?


    I still find it a mind boggling. How can the party who doesn't have a home want a share if they split up after a couple of years? On what grounds. What if they rented for 4years and they split up why isn't rent demanded from the other pary or the LL?



    Moving from rented accomodation to sharing with a partner that owns a home should be cheaper. Now if the partner that didn't own the home did some much like bought loads of furniture, did loads of DIY that improved it, then I'll understand it. There is also the pychological/emotional aspect aswell. Thinkk of moving into a house that required loads of renovation. Party that spent less financially might exert more mentally, emotionally.


    It also depends where you are in the relationship. Like if its 10 years like a poster mentioned and one has been contributing to the mortgage payments, should both names be on the title of the house? Argueably - one might say you are forgetting the deposit which the lone party might have to forgo


    Also one should keep in mind that in some cases both individuals might say this house doesn't work, so trading up might be required.



    I certainly do not feel one paying the rent on the other persons mortgage should make one worse off. Unless like, they massively paid majority of payments or they spent more on the home than the other individual.



    To each party, make note of spendings but don't be scabby about it that one is fghting for the last euro. Spendings all add up.



    I still feel both parties shoud protect themselves.



    Just my 2c. Interesting tho


  • Registered Users, Registered Users 2 Posts: 933 ✭✭✭Get Real


    The advice here is sound. Perhaps set up a tenancy agreement (as if your partner is renting a room) and keep track of the monthly rent. You should protect yourself.
    .

    Could just be me, but I'd view the exact opposite. Regardless of how you word it, it's two people in a relationship living in a house.

    In fact, this "rent" could come back to bite before a court(god forbid anything bad happened) as it could be argued the bf was contributing to the mortgage and therefore entitled to a part of the house value.

    People may think they are getting around it by entering a tenancy agreement. But it can also be painted, and viewed by a judge, as a cohabiting couple, in a relationship, for x amount of years, with both parties contributing to the mortgage.

    These scenarios are nothing new, men and women have been cohabiting, without marriage in one partners owned house for decades now. I think the only new element to this is that it is now more common for the woman to be the owner of the house.

    These types of questions are emerging more often. Yet, at the end of the day, regardless of gender or sexual orientation, a risk has to be taken on these things. Any relationship has the potential to break down and the ex to "make a move" for their "share". But the majority don't. For those that do, it's down to how it's painted, and the judge on the day.

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

    Cohabiting has specific definitions in the 2010 act. If you're living together, and in a committed relationship, you're cohabiting.

    Just because you write "rent book" on a piece of paper and record "rent" doesn't mean you're somehow watering down that law. Same as writing "prenup" on the top of a bit of paper and getting married, and both signing it. It doesn't make it so.

    And just to repeat, rent, could be seen as direct payments, in the form of contribution to the mortgage, therefore giving a proportional right of ownership in the house. You can't say "but we called it rent" in the event a judge sees it a different way.


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    Dial Hard wrote: »
    It doesn't really matter what you do, he'll be entitled to look for an interest in the property after 5 years regardless, 3 if you end up having children.

    There has to be a relationship of dependency before the 5 years kicks in.


  • Registered Users, Registered Users 2 Posts: 7,979 ✭✭✭YellowLead


    There has to be a relationship of dependency before the 5 years kicks in.

    No there does not. If one person in the cohabitation has contributed towards the others mortgage payments in the home they share (even indirectly) they have a right to claim after 5 years. (And yes I am speaking from personal experience here)


  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    YellowLead wrote: »
    No there does not. If one person in the cohabitation has contributed towards the others mortgage payments in the home they share (even indirectly) they have a right to claim after 5 years. (And yes I am speaking from personal experience here)

    A perrson can claim what the like but the payment of mortgage payments is a claim for a share in the equity poroportionate to the amount of the principal paid off the loan by that person. The 5 years has nothing to do with it.
    The 5 years arises when there is a relationship of dependency and there is a quasi judicial separation process under the co-habitation laws.


  • Registered Users, Registered Users 2 Posts: 7,979 ✭✭✭YellowLead


    A perrson can claim what the like but the payment of mortgage payments is a claim for a share in the equity poroportionate to the amount of the principal paid off the loan by that person. The 5 years has nothing to do with it.
    The 5 years arises when there is a relationship of dependency and there is a quasi judicial separation process under the co-habitation laws.

    Sorry, I misunderstood what you were saying. I thought you meant that dependency had to be in place in order for a claim to be made after 5 years. Apologies :)


  • Registered Users, Registered Users 2 Posts: 991 ✭✭✭cubatahavana


    My 2 cents:

    I bought an apartment with a previous partner, split up after 2-3 years. Apartment was on negative equity at the time, so I agreed with my ex that I will keep the apartment instead of having to sell it and owe money both of us to the bank. I accepted the negative equity. Fast forward a couple of years and met my now wife, that moved into my apartment. We had been living together there until mid 2020, when we sold the apartment and bought a new house.

    If something would've happened, I would've expected that the apartment was part hers (my current wife), as she was helping me towards the mortgage. When we sold the property, I used the proceeds as if they were 50% mine and 50% hers, placing all of it towards purchasing the new house. We had been living there for the last 10 years.

    Maybe I was naive, but i believe that if someone (that you have a relationship with) is helping you towards the mortgage, they should be entitled to a part of the property after a few years.


  • Registered Users, Registered Users 2 Posts: 5,874 ✭✭✭Edgware


    dobman88 wrote: »
    Jesus.

    If you're with someone who would try and claim part of the house and take you through the courts, you need to rethink your relationship.

    God forbid if me and my missus ever break up, I wouldn't dream of trying to do something like that.

    The rock that many a ship sank on. Once a relationship is over all bets are off.


  • Registered Users, Registered Users 2 Posts: 715 ✭✭✭Stihl waters


    dobman88 wrote: »
    Jesus.

    If you're with someone who would try and claim part of the house and take you through the courts, you need to rethink your relationship.

    God forbid if me and my missus ever break up, I wouldn't dream of trying to do something like that.

    God bless your innocence


  • Registered Users, Registered Users 2 Posts: 157 ✭✭dev_ire


    What part should they get?
    Didn't save deposit, didn't go to viewings, deal with bank/s, surveys, renovations, maintenance, insurances, paying cheaper rent for a better place (unless you bought a bad property or at a bad time).
    Not saying it is not the law it is just mad the want some people have if they every chased someone up on this.


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