Many couples in Ireland live together for years — sometimes decades — without marrying or entering a civil partnership. When the relationship breaks down, or when one partner dies, the legal position can be a shock. Cohabiting couples do not have the same rights as married couples — but they are not without rights.
The Civil Partnership and Cohabitants Act 2010 created a redress scheme for cohabiting couples. To be a qualified cohabitant, you must have lived with your partner for at least two years if you have children together, or five years if you do not.
A qualified cohabitant can apply to court for a property adjustment order, a compensatory maintenance order, or a share in the other partner's pension — but only if the relationship ends or one partner dies. These rights do not arise automatically — you must apply to court within two years of the relationship ending.
Critically, cohabitants do not have automatic inheritance rights. If your partner dies without a will, you do not automatically inherit — you must apply to court. Making a will is essential for cohabiting couples.
A cohabitation agreement — a legal contract between partners — can set out what happens to property, finances, and shared assets if the relationship ends. It is far cheaper to put one in place at the start of a relationship than to litigate the consequences of not having one at the end.
Patricia and her partner had lived together in Kerry for twelve years. They had no children and had never married. When her partner died suddenly without a will, his family — with whom he had limited contact — inherited everything under the rules of intestacy, including the house Patricia had lived in and contributed to for over a decade.
His family gave her two months to leave. She had contributed half the mortgage payments throughout the relationship and had used her savings for a significant renovation five years earlier.
Her solicitor advised that as a qualified cohabitant, Patricia had the right to apply to court for provision from the estate within six months of the death. The application set out her financial contributions, her lack of alternative housing, and the length and nature of the relationship.
The court made an order providing Patricia with a life interest in the property — she could remain there for the rest of her life. The family received the remainder of the estate.
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