Know Your Rights with Femi Daniyan
Most couples that live together are happy and excited at the beginning of their relationship. But in some cases relationships break down, or a partner dies.
Prior to the signing into law of the Civil Partnership Act 2010, which came into effect on 1 January 2011, many people were under the impression that if they cohabited long enough, they would be entitled to certain rights based on common law marriage principles – but common law marriage is not recognised in Ireland. Couples who live together have fewer rights than married couples, and most only discover this when it’s too late.
However, with the introduction of the Civil Partnership Act, more rights have been afforded to cohabiting couples, and this may well increase the survival trend of such relationships.
Does the Civil Partnership Act apply to you?
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act was made law on 19 July 2010. The main purpose of the act was to regularise for civil partnerships of same-sex couples. Cohabiting partners are defined in the act as two same-sex or opposite sex adults who have lived together in an intimate relationship for five years, or two years where there is a child or children.
The act commenced on 19 July 2010, and no claims of redress can be made for relationships that ended before that date. The act also prescribes a limitation period of two years to bring proceedings for redress, either from the time that the relationship between the cohabitants ends or the death of a partner.
Under the act, it is possible for one party to claim part of the other party’s assets unless both parties opt out of the provisions of the act.
Buying or renting a home
In some situations one party may own a house already and the other party simply moves in. If you are cohabiting, you need to be aware of how you could establish your rights in relation to the ownership of the house.
If you own your house as joint tenants, you own it jointly and equally. If your relationship breaks down and you sell it, you will normally be entitled to half, no matter how much you contributed to it. If one of you dies, the other will automatically inherit the other half.
If you buy your home as tenants in common, you can own uneven shares in the property, so one partner could own 40 per cent and the other 60 per cent. If one of you dies, that person’s share will go to the beneficiary named in the will. If your relationship breaks down and you cannot agree about selling the property which you own jointly, you may apply to the court to partition or divide the beneficial interest in the property.
If the property is in one party’s name only and that party decides to sell, the other party has no say in the matter. The legal owner may ask the other to leave at any time and if necessary the courts will facilitate this by granting an injunction or an eviction. However, the Civil Partnership Act has provided certain protections for qualified cohabiters.
Tenancy agreement
If it is the case that the property is owned and in one party’s name, it is still possible for the other party to prove that they are entitled to a share if the relationship breaks down. On the other hand, if you wish to rent a home as a cohabiting couple, consider putting both names on the tenancy. If only one is named on the tenancy, that party can evict the other if the relationship breaks down, although reasonable notice ought to be given.
In all cases, if there are children a court may order the transfer of the house to the parent who is mainly looking after children of the relationship to ensure the children are housed. If part or the entire house is still owned by the other party, however, it will revert to that party when the youngest child reaches the age of 18 or older if in full time education.
Continued next issue
