Cohabitation
Cohabitation refers to the situation where persons are living together in a same-sex or opposite-sex relationship but are not legally married to each other. In modern Ireland today there are increasing rates of non-marital co-habitation and an increasing breakdown in non-marital relationships. But unmarried or co-habiting couples do not have the same rights or entitlements as those of married couples.
What protections are afforded to spouses that I, as a cohabite, do not have?
The areas of Irish family law, which do not cover non-marital couples includes:
- Family Home Protection Act 1976
This means that a property owned by one partner and used as a family home can be sold without the consent of the other partner.
- Succession Rights
Both parties have no automatic inheritance rights from one another.
- Maintenance
Co-habiting couples cannot claim maintenance rights from one another.
Maintenance rights can only be claimed in respect of any children they have together.
- Pensions
Currently pension adjustment orders, which are made by the Court, are only available to the spouses.
- Guardianship Rights
Fathers in a non-marital relationship do not have automatic guardianship rights to their children.
- Tax Relief
Both parties are not entitled to claim tax relief in respect of each other.
Domestic Violence legislation however has extended its protection of barring and protection orders to Cohabitees.
Civil Partnership Bill 2009
Civil Partnership Bill was published in June 2009 which proposes to change the above status quo and provide a range of rights and duties including maintenance obligations, protection of a shared home, pension rights and succession are all covered under the Bill. It will include:
-
A scheme of civil registration of same sex partnerships.
-
Access to a redress scheme in the event of death or breakdown of a relationship.
-
It gives legal recognition to Co-habitation Agreements enabling cohabitants to regulate their joint financial and property affairs.
What is a cohabitation agreement?
A cohabitation agreement seeks to address the issues surrounding the possible ending of the relationship. It deals with the financial and practical difficulties that can arise. It covers a wide range of areas including property, succession, maintenance, pensions and tax. For example, one partner may agree to buy the other’s share or there may be agreement to sell and split the proceeds.
We can discuss with you the best way to arrange matters so as to prepare for the future. We will then draw up your cohabitation agreement and arrange for the signing of same.
I am a cohabiting unmarried person. If my name is not on the title of the property but I contributed to the deposit and upkeep have I any rights?
You may be able to establish that you have a beneficial interest in the property. For example can you prove that you contributed to the deposit? This will involve going to court if the other party objects. This will involve legal expense and your success will depend on the strength of your evidence. If you fail to establish a legal interest in the property you may face eviction.
We are an unmarried couple who are hoping to get a mortgage and buy property together. What do you recommend?
It is vital that you seek legal advice before getting mortgage approval and buying property together. You need to make a number of decisions including: do you want to hold the property as joint tenants or tenants in common?
In a joint tenancy, the entirety of the property automatically passes to the surviving joint tenant on the death of one joint tenant.
As tenants in common, each owns separate shares in the property, which can be left to someone else. At McGrath O'Donnell & Associates, we can help you to draw up a co-ownership agreement. This agreement can set out what percentage is held by each of the tenants, what will happen if one of the co-owners wishes to sell their part to an outside person or what should occur in the event of death. Both options have tax and succession implications.