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Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

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  • 12-09-2022 10:26pm
    #1
    Registered Users Posts: 11


    I recently split with my female partner after 15 years. The house we shared was hers but during that time I contributed towards the mortgage each month either 50/50 or for a number of years 80/20 as I was earning more than her. We never married or had any type of agreement. Am I entitled to anything now under the above act as I find myself in a rented house and nothing to show for my 15 years…



Comments

  • Registered Users Posts: 2,787 ✭✭✭accensi0n


    Maybe



  • Registered Users Posts: 13,750 ✭✭✭✭Dial Hard


    You are absolutely entitled to seek an interest in the house. What percentage/proportion that might be is for the courts to decide based on what you both contributed to it over the years, whether there are children involved, etc.

    But by all means, start the process. The law applies regardless of gender and circumstance, despite what you might read online.



  • Posts: 0 [Deleted User]


    You can check your entitlement, if any, and make an application under the Redress Scheme for Cohabitating Couples.



  • Registered Users Posts: 11 mollymx5


    Thanks For the link. x



  • Registered Users Posts: 4,740 ✭✭✭Xterminator


    Hi Op

    think twice but cut once is a good axiom. Its applicable here. As your partner never put you on the deeds or married you, and you were (one assumes) happy with the arrangements, or at least you stayed and accepted the arrangement. Have you discussed this with ex them and what was their reaction?

    As already mentioned, you appear to be the exact kind of person this act is designed for. i assume based on what you said that you do have a legal right. But that does not always mean you should do so. i can only imagine your partner will be incandescent with anger if you put a claim in for an interest in their house. And that is how they may see it. Do you need to have a good relationship with them for the future? Do you have children? Have you shared friends? Are you close with her family, or she with yours? Was there particular blame on one side that caused the breakup? Because there will be a judgement from people if you should proceed.

    As a stranger on the internet i can only advise you take all the circumstances into consideration before deciding. Perhaps consult a trusted independent person who knows the circumstances and ask their advice.

    for 2 examples - 1. imagine an abusive alcoholic boyfriend/girlfriend with a good paying job. stayed for years, some times were good, some times were bad. finally the sober person manages to get away form the person who has made their life hard for years. then the alcoholic sues for a share of the house. that would go down like a lead balloon! 2. next a nice timid partner lives in a house for years and pays for everything, holidays, new windows, the kitchen, then gets thrown out by the mercenary partner after years. that person might have a moral right to look for recompense.

    Its rare things are that black and white, but what im saying is think very carefully before making a decision. perhaps discuss with ex & come to amicable resolution if that is possible. If not proceed with eyes wide open to possible consequences.



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  • Registered Users Posts: 11 mollymx5


    Thank you for taking the time to reply to my question. Although most of what you said does not apply to me I am actually going to discuss with my ex restitution for me that she can agree to without going the legal route and without the need to sell her house. I wouldn’t actually make her do that.



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