Cohabitation Rights in Ireland: Legal Protections for Unmarried Couples
Many couples in Ireland live together without getting married. The law provides some protections for long-term cohabiting couples, but these are significantly weaker than the rights of married couples. Planning ahead is essential.
What Is a Qualified Cohabitant?
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 provides limited rights to “qualified cohabitants” — adults who have lived together in an intimate and committed relationship for at least 5 years (or 2 years if they have a child together).
What Rights Do Cohabitants Have?
A qualified cohabitant can apply to court for property adjustment orders, maintenance orders, pension adjustment orders, and provision from the estate if their partner dies without providing adequately for them. These rights must be actively pursued through the courts — they do not arise automatically.
What Rights Do Cohabitants NOT Have?
Cohabiting couples do not automatically have: succession rights (right to inherit on intestacy), the right to remain in the family home if their partner dies, tax exemptions on gifts and inheritances that apply to spouses, or the right to consent to the sale of the shared home.
How to Protect Yourself
The best protection is a cohabitation agreement — a legally binding contract that sets out how property, finances, and other assets will be dealt with during and after the relationship.
Frequently Asked Questions
Does a cohabiting partner inherit in Ireland?
Not automatically. Unlike a spouse, a cohabiting partner has no automatic right to inherit. They must either be named in a will or apply to court as a qualified cohabitant within 6 months of the grant of representation.
Can a cohabiting partner be evicted from the family home in Ireland?
If the home is owned solely by one partner, the other has limited rights. A qualified cohabitant may apply to court for a property adjustment order, but has no automatic right to remain in the property.
What is a cohabitation agreement and is it legally binding in Ireland?
A cohabitation agreement is a contract between cohabiting partners setting out their respective rights and obligations. Properly drafted, it is legally binding under Irish contract law.
This article is for informational purposes only. Consult a solicitor of your choice. for advice on your specific situation.
