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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13374
Experience:  Barrister 17 years experience
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I'm looking for advice on a property law issue in Ireland.

Customer Question

I'm looking for advice on a property law issue in Ireland.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Not yet, Ireland.
JA: What steps have you taken so far?
Customer: Under the cohabiting couples act I'm seeking a property adjustment order.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The query is in relation to joint ownership and rental.
Submitted: 13 days ago.
Category: Republic of Ireland Law
Customer: replied 13 days ago.
The issue relates to a separation under the cohabiting couples act where property is jointly owned. I am the applicant. The respondent resides in her own property, solely owned by her. I now reside in as an apartment which is jointly owned 50/50 by myself and the respondent. The question is, can the other co-owner (respondent) attempt to rent the apartment or a room without my consent?
Expert:  Virtual-mod replied 12 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Buachaill replied 11 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 11 days ago.

1.  The first thing is that as a co owner, you are entitled to occupy the jointly owned apartment should you wish to do so.  However, if you insist on occupying it solely, then your other co owner is entitled to a rent from you for the share of the apartment that they own.  However, your former cohabiting partner cannot attempt to rent the apartment on her own without your consent, nor can they rent a room without your consent.  Essentially, it is only the two co owners that have an automatic right to occupy and inhabit the apartment.  Anyone else who comes to stay there must come with the agreement of both co owners. So, in this situation, if you insist on occupying the jointly owned property on your own, then a rent arises which must be paid to the other co owner to reflect their share in the ownership.  However, they cannot force you to rent out a room in the apartment should you not wish to do so.

Expert:  Buachaill replied 11 days ago.

2.  If you require any clarification or if there is additional information you wish to share, I will be happy to assist further in the resolution of your question.

Customer: replied 11 days ago.
Thank youCustomer Does it matter that I pay 100% of the mortgage and the other co-owner contributes 0?
Expert:  Buachaill replied 11 days ago.

3.  The respective contributions to the mortgage make no difference to the situation concerning the occupation of the flat.  Essentially, the law on this matter is based upon who is the owner, not who makes contributions to the mortgage.