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Tenant, licensee or something else??

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  • 20-05-2018 1:04pm
    #1
    peace2804
    Registered Users Posts: 435 ✭✭


    I am living with my partner and our kids, we are not married and not in a civil partnership.
    We live in the family home that is owned by my partner and we share the expenses (The partner pays the mortgage and I pay the bills/food and so on), basically we end up paying roughly the same amount each every month.

    What am I considered, am I a tenant, licensee or do I have a different status?

    If the relationship ends, can I be kicked out like a licensee at any given time or is there an applicable time frame like the part 4?


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    #2
    Samuel T. Cogley
    Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    You gain certain rights after a relatively short period of time IIRC. Maybe try googling family home and unmarried couples or something along those lines. I'll leave it to the more knowledgeable to comment further.

    Edit: Here you go


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    #3
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    The time frame for leaving is what ever your partner allows.

    If there is no reason that either of you can't get married, fill in the paperwork and do a civil service, and get married. If there is a reason why you can't marry go to a solicitor and sort out your financial arrangement so that your both formally recognised as contributing to all and any financial assets eg the house. And that your financial future is protected.

    The house is not your family home and you have no protection under the Family Home acts and no right of residency, effectively you are a guest in the house and would have to leave immediately if requested to do so by your partner. Your children if also children of your partner have a right of residency to 18 or 23 if in full time education

    If there is no will your partners childern inherit it not you.

    If your partner changed the locks and packed your property and left it on the door step you would have to go to court to look for redress, ditto if (s)he dies without a will. You would have to prove your financial contributions and your bank may only retain 7 years of financial data so if a dispute arrises can you prove what you contributed?


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    #4
    peace2804
    Registered Users Posts: 435 ✭✭peace2804


    Glass fused light wrote: »
    The time frame for leaving is what ever your partner allows.

    If there is no reason that either of you can't get married, fill in the paperwork and do a civil service, and get married. If there is a reason why you can't marry go to a solicitor and sort out your financial arrangement so that your both formally recognised as contributing to all and any financial assets eg the house. And that your financial future is protected.

    The house is not your family home and you have no protection under the Family Home acts and no right of residency, effectively you are a guest in the house and would have to leave immediately if requested to do so by your partner. Your children if also children of your partner have a right of residency to 18 or 23 if in full time education

    If there is no will your partners childern inherit it not you.

    If your partner changed the locks and packed your property and left it on the door step you would have to go to court to look for redress, ditto if (s)he dies without a will. You would have to prove your financial contributions and your bank may only retain 7 years of financial data so if a dispute arrises can you prove what you contributed?

    Thanks for your detailed reply.
    I am not looking to prove any contribution or to inherit/claim part the house.
    This is my partner's house and that's the way it is...I was more looking into my rights to stay for a period of time until I find a suitable accommodation in case things go sour but from your reply it seems that such thing doesn't exist.
    Do you have any links that I can consult regarding this issue please? I checked and I couldn't find anything substantial on internet. Thanks!


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    #5
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    If you are in a relationship and have childern don't go looking for answers on the Internet get proper legal advice from a solicitor who has experince in family law.


    Click on the link in post 2 for citizens advice

    free legal aid
    https://www.flac.ie/index.html

    Gender based support who may have local solicitors
    http://www.amen.ie/
    https://www.womensaid.ie/

    If you loose your home you could also loose full time custody of your children. You need to be realistic on can you afford to house yourself and your children if you are breaking up.

    If you are remaining together you need to judge if "that's the way it is.." is actual financial abuse by your partner as you both contribute but you end up with no financial safety net.


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    #6
    peace2804
    Registered Users Posts: 435 ✭✭peace2804


    Thanks for the links, I will definitely reach out to FLAC and book an appointment with them for legal advice.


    It's true that financially speaking I am loosing money and I need to find a long term solution for myself. Unfortunately the housing market in Dublin is bad at the moment which doesn't help either.


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    #7
    Xterminator
    Registered Users Posts: 4,738 ✭✭✭Xterminator


    Glass fused light wrote: »

    If you are remaining together you need to judge if "that's the way it is.." is actual financial abuse by your partner as you both contribute but you end up with no financial safety net.

    not sure how in a million years this could be seen as financial abuse.

    (The partner pays the mortgage and I pay the bills/food and so on)

    The op would have to pay bills and food if OP lived alone. they would have to pay rent too. If you think the partner eats and uses enough electricity to make up the cost of a monthly rent payment, then your off your head.

    OP it sounds like you have a good arrangement here, strictly from monthly cost perspective. However you should make it a priority to have a deposit set aside if you think its possible the relationship might end.


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    #8
    peace2804
    Registered Users Posts: 435 ✭✭peace2804


    Xterminator wrote: »
    not sure how in a million years this could be seen as financial abuse.

    (The partner pays the mortgage and I pay the bills/food and so on)

    The op would have to pay bills and food if OP lived alone. they would have to pay rent too. If you think the partner eats and uses enough electricity to make up the cost of a monthly rent payment, then your off your head.

    OP it sounds like you have a good arrangement here, strictly from monthly cost perspective. However you should make it a priority to have a deposit set aside if you think its possible the relationship might end.


    Thanks for the contribution.


    Money isn't the issue as I have enough for a deposit and rent, my issue is in relation to my "rights" to remain in the house until I find a suitable accommodation if the relationship ends.


    Tenants are protected by the part 4, licensees I believe are protected by whatever agreement they sign when they move in so where do I stand based on my situation?


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    #9
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    Xterminator wrote: »
    not sure how in a million years this could be seen as financial abuse.

    (The partner pays the mortgage and I pay the bills/food and so on)

    The op would have to pay bills and food if OP lived alone. they would have to pay rent too. If you think the partner eats and uses enough electricity to make up the cost of a monthly rent payment, then your off your head.

    OP it sounds like you have a good arrangement here, strictly from monthly cost perspective. However you should make it a priority to have a deposit set aside if you think its possible the relationship might end.

    They are not room mates they are co-habiting with children.
    The OP can loose their home on the whim of their partner and loose access to their children or even have to deal with the partner chucking the children out too. So yes can I can totally see your point of why the OP should just be (happily) setting aside a deposit.

    The partner is gaining a financial advantage because the OP's "rental" contribution is 50% of the living costs of the family. If they are just making ends meet every €1 of household cost the OP covers for their partner and 50% of the child costs is a €1 of equity paid to the house. The OP is paying "rental" for a financial asset which the other partner gains ownership of.

    It's not just about the two adults, it's about the children, and the relationship, and the partner recognising the OP's financial contributon to the household.
    If the OP moves out the partner would still have to provide 100% of the cost of running the household and 50% of the cost of the children. So yes the OP's partner gains in disposable income by having the OP there, and it's financial abuse not to willingly to recognise that input.


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