What are the options for an unmarried couple who seperate?

I bought a house with my partner over 2 years ago, we have a 2 yr old daughter and are now seperating. I am affraid to bring up the subject of the house with him? Any advice on how I should go about this? Ideally I would like to put the house into my name and pay my ex back for his part in the house (even though he never contributed as much as he should have). Can this be done legally?

Hi, as you have no rights under family law leglislation whose name is the house in. I am working on the assumption you own it btw. Check under the gov site oasis under this heading
Property rights and the breakdown of a non-marital relationship

• Rules
• Further information

Information

If an unmarried couple in Ireland splits up, the family home (and other family assets) will belong to the person who holds the legal title to the home/assets. This means that in the case of the family home, the person who originally bought the house and whose name is on the title deeds will usually own the house.
However, if your relationship breaks down and your name is not on the title deeds to the house, you may still be able to show that you have some ownership rights in relation to the house. These rights are based on the fact that you made a contribution to the purchase price of the house with the intention of gaining a share in the ownership of the house.
Contributions to the purchase price of the house can be direct or indirect. Direct contributions include contributions to the initial down payment for the house or contributions to the mortgage installments.
Indirect contributions may include paying some of the other day-to-day household expenses or unpaid work in the legal owner of the house's business. It has been held by the courts that working in the home looking after children and money spent or work done on home improvements are not contributions that give you any right of ownership in relation to the house.

Rules

Usually, where you can show that you have made a contribution to the purchase price of the house, you will be entitled to a share in the house in proportion to your contribution. For example, if you have shown that you paid off half of a mortgage that represented 90% of the purchase price, you would be entitled to 45% of the ownership of the property.
As well as showing that you made a financial contribution to the purchase price of the house, you must also show that your contribution was made with the intention of gaining a share in the ownership of the house and that you were not making a gift of the money to the legal owner of the house.

Further information

If you are in a situation where you are concerned about your property rights following the breakdown of a non-marital relationship, you should seek legal advice. Solicitors' fees in Ireland are not fixed and can vary considerably. Shop around and obtain some quotes before you decide on a particular legal firm.
Property rights and the breakdown of a non-marital relationship

• Rules
• Further information

Information

If an unmarried couple in Ireland splits up, the family home (and other family assets) will belong to the person who holds the legal title to the home/assets. This means that in the case of the family home, the person who originally bought the house and whose name is on the title deeds will usually own the house.
However, if your relationship breaks down and your name is not on the title deeds to the house, you may still be able to show that you have some ownership rights in relation to the house. These rights are based on the fact that you made a contribution to the purchase price of the house with the intention of gaining a share in the ownership of the house.
Contributions to the purchase price of the house can be direct or indirect. Direct contributions include contributions to the initial down payment for the house or contributions to the mortgage installments.
Indirect contributions may include paying some of the other day-to-day household expenses or unpaid work in the legal owner of the house's business. It has been held by the courts that working in the home looking after children and money spent or work done on home improvements are not contributions that give you any right of ownership in relation to the house.

Rules

Usually, where you can show that you have made a contribution to the purchase price of the house, you will be entitled to a share in the house in proportion to your contribution. For example, if you have shown that you paid off half of a mortgage that represented 90% of the purchase price, you would be entitled to 45% of the ownership of the property.
As well as showing that you made a financial contribution to the purchase price of the house, you must also show that your contribution was made with the intention of gaining a share in the ownership of the house and that you were not making a gift of the money to the legal owner of the house.

Further information

If you are in a situation where you are concerned about your property rights following the breakdown of a non-marital relationship, you should seek legal advice. Solicitors' fees in Ireland are not fixed and can vary considerably. Shop around and obtain some quotes before you decide on a particular legal firm.

Hope it helps

"I am affraid to bring up the subject of the house with him? "

There is no way around it - you have to talk about it - it is hard but there are big issues to be resolved.

"Ideally I would like to put the house into my name and pay my ex back for his part in the house (even though he never contributed as much as he should have). Can this be done legally?"

Yes. But can you afford to buy out his interest? Can you raise a mortgage to cover the entire sum due and can you afford to repay it? If yes, and if he agrees to it, then everything will be fine. But if not, you may have to sell the house and agree on how to split the proceeds. Of course that raises the question then of where do you then live?

mf