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At what stage does a girlfriend have a right to a part of your house?

  • 06-11-2014 02:41PM
    #1
    Registered Users, Registered Users 2 Posts: 16 zzboardzz


    Ive never had to consider this before but Im concerned about it now.

    If girlfriend moves into my mortgaged house - when is she entitled to a part of it?


«13

Comments

  • Banned (with Prison Access) Posts: 1,797 ✭✭✭Kevin McCloud


    She will own the ensuite after 3 weeks anyway.


  • Posts: 81,310 CMod ✭✭✭✭ Bruce Wailing Fur


    I think it's 5 years, and less if ye have kids

    citzensinformation.ie should have the details


  • Registered Users, Registered Users 2 Posts: 13,295 ✭✭✭✭Duggy747


    When the bathroom is over-flowing with beauty products, a wall of shoes emerge, the fridge and all of the cupboards are taken up with her food, and all the furniture and cultlery has been moved to her liking then you know you've lost the house.

    Best get started on finding a stick and a bandana to pack your essentials in, you're soon to become a travelling hobo :pac:


  • Registered Users, Registered Users 2 Posts: 3,095 ✭✭✭MonkeyTennis


    and a good 3/4s of the double bed


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    zzboardzz wrote: »
    Ive never had to consider this before but Im concerned about it now.

    If girlfriend moves into my mortgaged house - when is she entitled to a part of it?

    Never. Useless she is contributing to the mortgage she gets nothing and even then it's extremely difficult to make a case.


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  • Closed Accounts Posts: 34,808 ✭✭✭✭smash


    Make her pay rent and treat her like a tenant... With benefits!


  • Closed Accounts Posts: 488 ✭✭smoking_kills


    4 years, after that you will need his/her consent to sell it.


  • Registered Users, Registered Users 2 Posts: 919 ✭✭✭Joe prim


    Save yourself a lot of grief, just find some woman you hate and buy her a house!


  • Registered Users, Registered Users 2 Posts: 1,819 ✭✭✭howamidifferent


    Best to let it out and rent a place with her...


  • Registered Users, Registered Users 2 Posts: 11,810 ✭✭✭✭sbsquarepants


    She's a woman. She owns it already, she got half when you seen her for the first time and the remainder when you said hello. That's Irish law for you!


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  • Registered Users, Registered Users 2 Posts: 28,404 ✭✭✭✭Turtyturd


    Fair to say we have conclusively solved this conundrum.


  • Registered Users, Registered Users 2 Posts: 2,678 ✭✭✭jjbrien


    If you married her then she would be entitled to half of the house if you divorce. If you put her on the deeds she would also be entitled to her share, otherwise she dont have a case.


  • Registered Users, Registered Users 2 Posts: 5,140 ✭✭✭Cleveland Hot Pocket


    Never.


  • Posts: 81,310 CMod ✭✭✭✭ Bruce Wailing Fur


    I thought there was something more explicit about numebr of years which I can't find?

    Information

    If a cohabiting couple in Ireland splits up, the family home (and other family assets) will belong to the person who holds the legal title to the home/assets. This means that in the case of the family home, the person who originally bought the house and whose name is on the title deeds will usually own the house. Read about joint ownership of property and cohabiting couples here.

    However, 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


    Oh I think this is it
    http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/redress_scheme_for_cohabiting_couples.html

    Qualified cohabitants
    A financially dependent cohabitant may be able to apply to the courts for redress if the relationship ends as the result of death or otherwise. In order to apply for redress you must be a qualified cohabitant, that is, you must have been:

    A cohabitant for at least 5 years or
    A cohabitant for 2 years if you have had a child with your partner
    However, if one of you is still married, then neither of you may be a qualified cohabitant until the married person has been living apart from his/her spouse for at least 4 of the previous 5 years – in effect, until he or she is entitled to seek a divorce.

    The redress arrangements applies only to those qualified cohabitants whose relationship ends after the Act commenced on 1 January 2011, but the time spent cohabiting before that may be taken into account.

    Redress orders
    If you are a qualified cohabitant, you may apply for orders such as maintenance orders, property adjustment orders, and pension adjustment orders and related orders such as attachment of earnings orders. You may also apply for provision to be made from the estate of a deceased cohabitant. You do not have any automatic right to get such orders.


  • Registered Users, Registered Users 2 Posts: 5,147 ✭✭✭PizzamanIRL


    When she silently kills you in your sleep.


  • Registered Users, Registered Users 2 Posts: 3,020 ✭✭✭Plazaman


    Never. Useless she is contributing to the mortgage she gets nothing and even then it's extremely difficult to make a case.

    +1. If you're name is the only name on the mortgage and deeds, she can whistle dixie. Even if she pays the mortgage, she'd need to keep receipts, transaction slips and bank statements and even then, she can only look for refund of money paid. Don't sign a joint anything unless you're 100% in lurve.... or unless she has big boobies.


  • Registered Users, Registered Users 2 Posts: 5,259 ✭✭✭Rubberchikken


    my nephew is saving for his first house.
    gf has expressed delight at the though, but the realationship is fairly new and he isn't seeing the house as theirs. have suggested he talk to a solicitor when he is nearer the purchase. a person has to look after themselves.


  • Closed Accounts Posts: 2,745 ✭✭✭Macavity.


    It should be never.


  • Closed Accounts Posts: 488 ✭✭smoking_kills


    bluewolf wrote: »
    I thought there was something more explicit about numebr of years which I can't find?

    Information

    If a cohabiting couple in Ireland splits up, the family home (and other family assets) will belong to the person who holds the legal title to the home/assets. This means that in the case of the family home, the person who originally bought the house and whose name is on the title deeds will usually own the house. Read about joint ownership of property and cohabiting couples here.

    However, 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


    Oh I think this is it
    http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/redress_scheme_for_cohabiting_couples.html

    Qualified cohabitants
    A financially dependent cohabitant may be able to apply to the courts for redress if the relationship ends as the result of death or otherwise. In order to apply for redress you must be a qualified cohabitant, that is, you must have been:

    A cohabitant for at least 5 years or
    A cohabitant for 2 years if you have had a child with your partner
    However, if one of you is still married, then neither of you may be a qualified cohabitant until the married person has been living apart from his/her spouse for at least 4 of the previous 5 years – in effect, until he or she is entitled to seek a divorce.

    The redress arrangements applies only to those qualified cohabitants whose relationship ends after the Act commenced on 1 January 2011, but the time spent cohabiting before that may be taken into account.

    Redress orders
    If you are a qualified cohabitant, you may apply for orders such as maintenance orders, property adjustment orders, and pension adjustment orders and related orders such as attachment of earnings orders. You may also apply for provision to be made from the estate of a deceased cohabitant. You do not have any automatic right to get such orders.



    Its 4 years, Me and my wife bought a house 4 months ago. I lived in HER house (deeds in her name) for 6 years prior to that. She needed my consent to sell it. But i have no right to any profit from the sale. Our solicitor explained it to us. Its was interesting as with the ownership laws and the like you could see teh culture/society change and the laws changing with them.


  • Registered Users, Registered Users 2 Posts: 25,901 ✭✭✭✭Larbre34


    my nephew is saving for his first house.
    gf has expressed delight at the though, but the realationship is fairly new and he isn't seeing the house as theirs. have suggested he talk to a solicitor when he is nearer the purchase. a person has to look after themselves.

    gf needs to be set straight, better now than later. Other than that, make sure all she buys is food and ornaments. No utilities, no mortgage, no management fees.


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  • Registered Users, Registered Users 2 Posts: 1,373 ✭✭✭The_Captain


    zzboardzz wrote: »
    Ive never had to consider this before but Im concerned about it now.

    If girlfriend moves into my mortgaged house - when is she entitled to a part of it?

    If she's contributing towards the mortgage she gets rights towards it.
    If she contributes towards household expenses (ie if she can show she paid utility bills etc) then she can get some right towards the house.


  • Registered Users, Registered Users 2 Posts: 248 ✭✭TomJoe Wallace


    If you own the house I'm pretty sure it will be legally yours forever unless you change the ownership to be in both of your names. Which I don't even know if you can do or not!


  • Registered Users, Registered Users 2 Posts: 25,901 ✭✭✭✭Larbre34


    If you own the house I'm pretty sure it will be legally yours forever unless you change the ownership to be in both of your names. Which I don't even know if you can do or not!

    Yeah you can.


  • Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭lomb


    Under qualifiying cohabitant its 2 years with a child or 5 without. They can then apply to the court for a property adjustment order(to change the name on the deeds) , pension adjustment order(transfer part or all of your pension to them), 'wife support'
    They would have to show that they were now dependent or alternatively arent independant due to the ending of the relationship. My theory on it is neither a borrower or a lender be. In other words if you want someone to become dependant due to you being in the picture then you will have to pay.
    This if married can be as much as 100 % ie you loose everything. Eg loose 50%, then you pay the lawyers fees say another 10%, wife support -another 20% say, child support-another 20%. So youve lost it all.
    If you dont get married then if they are qualifying then the court has wide ranging powers. An agreement in advance would be considered to be wise. Marriage is really only suitable where both want children and one (the male usually) is prepared to loose his shirt on it. I dont think realistically considering humans are serially monogamous that anyone would consider it wise to loosing their shirt on something. Marraige is reasonable if both parties work and intend to work and make roughly the same. If you part ways sure its grand, no lawyers will be involved and it should be amicable. If there is an imbalance then all bets are off.
    Of course most women (good ones anyway) wont be interested in the male if he has no intention of getting married. But thats just the way of the world.
    Generally speaking marriage is a stable way of raising children until they reach maturity, its no gaurantee of anything for a male other than that. If a man think he can get unlimited love ,sex or anything else hes codding himself. Its effectively very difficult to leave (due to financial issues above ) and tell the the other party to piss off.My two cents anyway.


  • Closed Accounts Posts: 19,777 ✭✭✭✭The Corinthian


    Plazaman wrote: »
    +1. If you're name is the only name on the mortgage and deeds, she can whistle dixie. Even if she pays the mortgage, she'd need to keep receipts, transaction slips and bank statements and even then, she can only look for refund of money paid. Don't sign a joint anything unless you're 100% in lurve.... or unless she has big boobies.
    That changed with the cohabitation bill in 2009. You're behind the times. As Bluewolf pointed out, after five years of cohabitation (two if you have a child) she will have a claim on your assets, including the house.
    Its 4 years, Me and my wife bought a house 4 months ago. I lived in HER house (deeds in her name) for 6 years prior to that. She needed my consent to sell it. But i have no right to any profit from the sale. Our solicitor explained it to us. Its was interesting as with the ownership laws and the like you could see teh culture/society change and the laws changing with them.
    You're confusing tenants rights with ownership rights.
    lomb wrote: »
    If a man think he can get unlimited love ,sex or anything else hes codding himself.
    Speak for yourself, although I'd agree you'll still be playing with fire.


  • Registered Users, Registered Users 2 Posts: 12,564 ✭✭✭✭whiskeyman


    The kitchen has a right to *her*.


  • Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭lomb


    :p
    That changed with the cohabitation bill in 2009. You're behind the times. As Bluewolf pointed out, after five years of cohabitation (two if you have a child) she will have a claim on your assets, including the house.

    You're confusing tenants rights with ownership rights.

    Speak for yourself, although I'd agree you'll still be playing with fire.

    Well I agree youll get it for a period of time. Its unlikely to last long term though. Thats just human nature. By the time you realise it of course its too late. Women arent superhuman despite pretending to be. The world is in fact run by men for the simple reason it would descend into bickering if it was run by women. Men keep things(including relationships) together we try and maintain things thats our way, women use things thats their way...


  • Registered Users, Registered Users 2 Posts: 10,432 ✭✭✭✭Birneybau


    When, after you mate, she eats your head.


  • Closed Accounts Posts: 12,452 ✭✭✭✭The_Valeyard


    I believe this is what they call 'nesting'*


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  • Banned (with Prison Access) Posts: 3,130 ✭✭✭Roquentin


    zzboardzz wrote: »
    Ive never had to consider this before but Im concerned about it now.

    If girlfriend moves into my mortgaged house - when is she entitled to a part of it?

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