A cohabiting couple means they live together in an intimate and committed relationship, are not married to each other and not in a civil partnership. In Ireland, cohabiting couples have certain rights in relation to property, custody of children, maintenance and inheritance. To qualify for these rights, you must be cohabiting for at least five years (or two years if you have dependent children together). When buying a home with your partner, you will need to decide whether to register the property with land registry as either joint tenants or tenants-in-common. How you will co-own the property can affect your capacity to deal with the property in the future. Always get professional legal advice before choosing a home ownership option. Your decision may impact your property rights in the event of a break-up, or in the case of a death.

What is a Joint tenancy?

Joint tenancy means you both co-own the property in equal shares. You cannot sell or rent the property without your cohabitant’s consent. If one cohabitant dies, the other will automatically own all of the property regardless if an alternative provision has been written into the deceased person’s will. The beneficiaries of the deceased’s estate will have no claim to the property under a joint tenancy. In a joint tenancy, both of you are unable to leave the property to anyone else so long as the joint tenancy is still in existence. However, if you are not married or civil partners and your partner dies, you may be liable for Capital Acquisitions Tax as a result of becoming full owner of the property through survivorship.

What is a tenancy in common?

Tenancy in common means two people own the property in defined shares, for example, 50/50, 75/25, 60/40. Each person can leave their share of the property to whoever they wish (including their partner), but they must make a will stating this fact. Your share of the property becomes part of your estate when you die. Your partner may be forced to sell the home to allow the administration of your estate, particularly if there are no other assets to pay any debts due. The person who inherits your share may seek to sell property in order to get the monetary benefit of the gift. In addition, your family (or even a separated spouse or civil partner in some circumstances) can claim this share. Your surviving partner does not have any automatic right to your share of the property.

What if you are selling the home?

If you are cohabiting with your partner in their house, they do not need your written consent before they can sell or lease the house. If you co-own the home, the property cannot be sold without both people’s written consent. If you need further information about this topic or you have other questions, you can drop-in to the Citizens Information Service in Bantry or ring 0818 07 8390. They will be happy to assist you. The offices are staffed from 10am -5pm from Monday to Thursday and on Friday from 10am -4pm. Alternatively you can email on [email protected] or log on to www.citizensinformation.ie

WEST CORK HELPLINE 0818 07 8390