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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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I am in relationship with a guy for last 11 years we(he bought

Resolved Question:

I am in relationship with a guy for last 11 years we(he bought house and put in my name as him only separated from wife in Australia, I discover he is having affairs/sex with other men, should have say we both gay men.....we decide that he would keep working and I stay at home....I have no money while his bank accounts show 300000 and i have no access....what I'm really afraid off can I still keep this house or do we have to sell...
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. In your Question, you do not state how long you have been cohabiting with this other man. However, if you have been cohabiting with him for the last five years, in the house that was sought, then the 2010 Civil Partnership and right of cohabitants Act applies to you. Be aware that your married partner would have to have been living apart from his wife for four of the previous five years before the five year period under the 2010 Act could start. If you wish to provide me with precise details of the situation I will clarify things.

Buachaill :

2. However, assuming that your married partner stopped living with his wife more than 9 years ago and has been living with you for the past five years, then the 2010 act applies. this means that when you separate, the dependent partner, which would be you, as you stay at home, is entitled to seek three forms of relief. Firstly, a property adjustment order, secondly, maintenance, and thirdly, a division of pension assets. AS the house is in your name, you would not be seeking a property adjustment order, but would essentially be seeking to own the house free of any claim of your partner. Be aware that, in law, the person who provides the money for a property purchase, generally is taken to own the house unless there has been a n intention to benefit the other party. In your question, you do not state whether the house was intended to benefit you, but imply that this was an asset protection measure designed to safeguard it from his wife. In such circumstances, your partner would be able to claim back the property. So you would seek to affirm the ownership of the house and resist any claim for a share of your partner.

Buachaill :

3. As regards, XXXXX XXXXX will be expected to go out and work for yourself if your partner leaves you and your means will be assessed upon the basis that you will be able to work. Accordingly, as there are no children of the relationship, you will not get maintenance. Thirdly, you would be entitled to a share in your working partner's pension assessed on the basis of a half share if you had lived with him for his full 40 year working life. If you only spent 10 years with him, then you would get a one eighth share in his pension. Or eleven forthieths if you have been 11 years with him.

Buachaill :

4. Finally, be aware that it is most likely that the house will be divided between you. This is what commonly happens between cohabiting couples on the basis that equality is equity. this would be the case if putting it in your name was an asset protection device. However, if your partner intended to benefit you, then you would get it all.

Customer:

Hi many thanks for your reply.....to clarify some points your raised ...we lived together fo 11 years and the house was bought to benefit me...as i lived on a counsel estate.....he has been living away from his wife over 20 years....I don't claim any benefit from any source....I have supported this man every way I could.....I am now 55 and chances of getting work very slim...even getting basic maintenance to keep house will be a problem.....my lifestyle will change from 1st class on ba emirates to walk to local shop.....this can't be rite

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