Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…A cohabiting couple is a couple that lives together in an intimate and committed relationship, who are not married to each other and not in a civil partnership.
In Ireland, cohabiting couples have certain rights in relation to property, custody of children, maintenance and inheritance.
To qualify for these rights, you must be cohabiting for at least 5 years (or 2 years if you have dependent children together).
When buying a home with your partner, you will need to decide whether to register the property with land registry as either:
• Joint tenants, or
• Tenants-in-common
How you will co-own the property can affect your capacity to deal with the property in the future. Always get professional legal advice before choosing a home ownership option. Your decision may impact your property rights in the event of a breakup, or in the case of a death.
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What is a Joint tenancy?
Joint tenancy means you both co-own the property in equal shares. You cannot sell or rent the property without your cohabitant’s consent. If one cohabitant dies, the other person will automatically own all of the property regardless if an alternative provision has been written into the deceased person’s will. The beneficiaries of the deceased’s estate will have no claim to the property under a joint tenancy.
In a joint tenancy, both of you are unable to leave the property to anyone else so long as the joint tenancy is still in existence.
However, if you are not married or civil partners and your partner dies, you may be liable for Capital Acquisitions Tax as a result of becoming full owner of the property through survivorship.
What is a tenancy in common?
Tenancy in common means 2 people own the property in defined shares, for example, 50/50, 75/25, 60/40.
Each person can leave their share of the property to whoever they wish (including their partner), but they must make a will stating this fact.
Your share of the property becomes part of your estate when you die. Your partner may be forced to sell the home to allow the administration of your estate, particularly if there are no other assets to pay any debts due.
The person who inherits your share may seek to sell property in order to get the monetary benefit of the gift.
In addition, your family (or even a separated spouse or civil partner in some circumstances) can claim this share.
Your surviving partner does not have any automatic right to your share of the property.
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What if you are selling the home?
If you are cohabiting with your partner in their house, they do not need your written consent before they can sell or lease the house. If you co-own the home, the property cannot be sold without both people’s written consent.
If you need further information about any of the issues raised here or you have other questions, you can drop-in to your local Citizens Information Service. They will be happy to assist you and meet with you.
• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
