# Girlfriend moving in-what are her rights?



## GJ23 (3 Feb 2006)

hi
i heard recently that if my girlfriend moves into my new house after a certain period she will be entitled to half the house regardless of me paying the mortgage and buying and owning the house myself. anybody that i ask about this have differnet information on it i was wondering did anybody know the facts about this situation as i dont forsee us breaking up but i want to be sure i dont have to sell my house i will have worked so hard to buy just to pay someone im not married to or have children with but because we just moved in together. any facts would be appreiciated
gary


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## Danmo (3 Feb 2006)

*Re: girlfriend moving in*



			
				GJ23 said:
			
		

> hi
> im not married to or have children with but because we just moved in together.


 
You mean you wouldn't support your own children in the event of a breakup? My advice would be to continue living on your own


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## sun_sparks (3 Feb 2006)

*Re: girlfriend moving in*



			
				Danmo said:
			
		

> You mean you wouldn't support your own children in the event of a breakup? My advice would be to continue living on your own



I don't think that's what he was saying. In fact I think he was saying the opposite - I think he was saying that he didn't want to risk losing half of his house to someone he wasn't married to or didn't have children with. 

However, sorry, I can't help with the original post.


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## Jaydee (3 Feb 2006)

*Re: girlfriend moving in*

You can get your girlfriend to sign a 'deed of waiver'. This costs about 200 euros through a solicitor and means that she will waive all rights to the property. If you get married then you can have this changed/scrapped.


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## DoctorEvil (3 Feb 2006)

*Re: girlfriend moving in*

Check this link - 

The onus would appear to be on the party moving in to prove that they made payments so there does not appear to be an automatic timeframe.

I seem to recall in the UK there being some timeframe to where a relationship becomes a "Common Law" marriage but I don't think the same exists here.


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## CCOVICH (3 Feb 2006)

*Re: girlfriend moving in*

I've moved this from Mortgages and Home Buying as I think it is more a legal issue.


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## bond-007 (3 Feb 2006)

*Re: girlfriend moving in*



			
				Jaydee said:
			
		

> You can get your girlfriend to sign a 'deed of waiver'. This costs about 200 euros through a solicitor and means that she will waive all rights to the property. If you get married then you can have this changed/scrapped.


Thats what I did when I moved into the gf's house. We since got married but we still have the deed of wavier in force. In legal terms I have no rights whatsoever on her house.


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## zag (3 Feb 2006)

Bond - I would be surprised if that waiver is still valid.  There are some rights which you can't waive and I would be surprised if rights to the famliy home were optional.

Sorry, can't think of the correct wording, but what I am getting at is that the waiver is unlikely to hold up in court if someone tried to enforce it to do someone out of their half of the family home.

z


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## Healy1 (3 Feb 2006)

Go for the "Deed of Waiver" - worry about the rest if you decide to marry. You could put all this to her on Valentines night, very romantic!


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## ramble (3 Feb 2006)

As long as your girlfriend does not make any payments on the mortgage or for outgoings/repairs on the property she will not acquire any interest in the property.  I suggest you charge her rent under the rent a room scheme, paid dd into your bank account and declare it on your tax return as required, you then have evidence that she paid rent.  There is no concept of common law spouse in Irish law and there is no need for a deed of waiver.  If you were to allow her to pay your mortgage (or part of it) then she would acquire an in interest in the property commensurate with her contributions.


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## bond-007 (4 Feb 2006)

zag said:
			
		

> Bond - I would be surprised if that waiver is still valid.  There are some rights which you can't waive and I would be surprised if rights to the famliy home were optional.
> 
> Sorry, can't think of the correct wording, but what I am getting at is that the waiver is unlikely to hold up in court if someone tried to enforce it to do someone out of their half of the family home.
> 
> z


It was done with a view to getting married. I don't own the house nor do I pay any of the mortgage. Therefore It aint mine. I got a solicitor to put the matter on a formal footing. It expires 10 years from the date of marriage.


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## RainyDay (5 Feb 2006)

bond-007 said:
			
		

> It was done with a view to getting married. I don't own the house nor do I pay any of the mortgage. Therefore It aint mine. I got a solicitor to put the matter on a formal footing. It expires 10 years from the date of marriage.


Zag's point (which you & and your GF should consider carefully) is that regardless of what it says in your signed waiver, you have certain rights under the Family Home Protection Act. In general, you can't waive legal rights away.


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## dodo (5 Feb 2006)

She does not get half the house fact, there is something there alright to look out for her interests if she has been paying for house up keep, furniture,etc, but I suggest contact a solicitor


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## Danmo (6 Feb 2006)

RainyDay said:
			
		

> Zag's point (which you & and your GF should consider carefully) is that regardless of what it says in your signed waiver, you have certain rights under the Family Home Protection Act. In general, you can't waive legal rights away.


 
This is correct. Once married you are both covered by the Family Home Protection act. If not married - She could take a case that she had contributed to the home. An old colleague of mine took a case like this against someone she lived with for years and was awarded 2-3K.


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## bond-007 (6 Feb 2006)

Family Home Protection act?

What rights does this give?


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## ClubMan (6 Feb 2006)

See .


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## bond-007 (6 Feb 2006)

Thanks,

I signed a contract when I got married which I waived my rights under that act for 10 years. Pre nuptial agreement is what they called it.


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## ClubMan (6 Feb 2006)

As far as I know pre-nuptial agreements have no legal standing in _Ireland _and one's statutory rights and obligations under the above act cannot be abrogated through such an agreement.


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## Danmo (6 Feb 2006)

bond-007 said:
			
		

> Thanks,
> 
> I signed a contract when I got married which I waived my rights under that act for 10 years. Pre nuptial agreement is what they called it.


 
Do you mind if I ask WHY?


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## CCOVICH (6 Feb 2006)

I don't think that pre-nuptial agreements have any legal standing in Ireland.  I'm pretty sure this was discussed on AAM before.


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## bond-007 (6 Feb 2006)

Danmo said:
			
		

> Do you mind if I ask WHY?


I don't own the house, herself does and pays the morgtage herself. Her folks were concerned that I would leave her in a few years and take half the house. 



			
				CCOVICH said:
			
		

> I don't think that pre-nuptial agreements have any legal standing in Ireland. I'm pretty sure this was discussed on AAM before.



I was told that in the event of a separation/divorce that the judge would have to consider it. Also it can be enforced under contract law.


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## ClubMan (6 Feb 2006)

Again I don't think that anybody's statutory rights and obligations in this or other circumstances can be abrogated by a separate contractual agreement. Statutory rights and obligations will always take precedence as far as I know.


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## CCOVICH (6 Feb 2006)

bond-007 said:
			
		

> I was told that in the event of a separation/divorce that the judge would have to consider it. Also it can be enforced under contract law.



Having to consider it is one thing, actually acting on it is another.  Some articles below suggest that while they may have some basis under contract law, they are not enforceable (I'm not aware there has been a test case in this area).

[broken link removed]

Tracey Solicitors:  Pre-nuptial contracts

[broken link removed]

From reading the above, it appears that you cannot waive statutory rights, i.e. those implied by marriage.


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