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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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I wish to move in with my partner who is owner of the property

Customer Question

I wish to move in with my partner who is owner of the property + 1 acre land in Ireland (southern Ireland). I will be putting money into the property to enable it to be habitable, i.e. connecting to the main grid for electricity supplies, water supply repairs etc, plus the usual monthly household bills. We are not married but do plan to have children.

I would like to know if things didn't work out with our relationship further down the line what my rights (if any) would be regarding the property?
Submitted: 4 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. At the outset, you need to realise that independently of your relationship and the rights given under the 2010 civil Partnerhship & Rights of Cohabitants Act, you do not gain an interest in the property merely by helping to make it habitable. This will only amount to a debt whcih has to be repaid at some later date. However, under the 2010 Act, should your cohabiting relationship continue for five years after you commence cohabiting, or for tow years if you have children, then you can apply to court for a property adjustment order whereby you would seek a share in the property by reason of your contributions. In this way you would gain a share in the property. Additionally, you will have rights to seek a share of your partner's pension rights and also to maintenance should you have children. This is what the law will entitle you to after the relevant period of time elapses. However, you should be aware that these rights only vest after 2/5 years. They do not vest at the outset when you are making your contribution to making the property habitable.