How Long to Be a Qualified Cohabitant in Ireland?
General legal information for Ireland. Last updated 24 September 2026.
In Ireland, you become a qualified cohabitant after living together as a couple for 5 years, or for 2 years if you are the parents of one or more dependent children. The time is counted up to the moment the relationship ends, whether by separation or death. Reaching the threshold does not give you automatic rights. It gives you the right to ask a court for redress.
Knowing where you stand on this timeline matters. It decides whether you can seek maintenance or a share of property if the relationship ends, or apply for provision from your partner’s estate if they die. Here is what the law says and how to protect yourself either way.
What counts as “living together” for the 2- and 5-year rule?
The rules are in section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. A cohabitant is one of two adults, of the same or opposite sex, who live together as a couple in an intimate and committed relationship. They must not be married to each other, in a civil partnership with each other, or closely related.
Sharing an address is not enough on its own. When deciding whether you were cohabitants, a court looks at all the circumstances, including:
- how long the relationship lasted and the basis on which you lived together
- financial dependence and any agreements about your finances
- joint purchases, such as a home or other property
- whether there are dependent children, and whether one partner cares for the other’s children
- whether you present yourselves to others as a couple
A relationship does not stop being “intimate” just because it is no longer sexual.
The married-partner exception
If either of you is, or was during the relationship, married to someone else, you may not qualify even after 5 years. The Act requires that each married partner has lived apart from their spouse for at least 4 of the previous 5 years when the relationship ends.
What can a qualified cohabitant actually claim?
Qualifying opens the door to the redress scheme. If you were financially dependent on your former partner, you can apply to court for orders similar to those available on separation or divorce, such as a maintenance order, a property adjustment order or a pension adjustment order. Nothing is automatic. The court weighs each partner’s finances, needs and contributions, the length of the relationship, and the rights of others, including any spouse or children.
On death, a qualified cohabitant can apply for provision from the deceased partner’s estate. Unlike the separation route, you do not need to prove financial dependence. However, a cohabitant has no automatic right to inherit if there is no will. Any inheritance from a partner is also taxed as a Group C benefit, with a tax-free threshold of only €20,000, because cohabitants do not get the spousal exemption from Capital Acquisitions Tax.
Strict time limits apply
You must generally start a redress or estate claim within 2 years of the relationship ending. A court can extend this only in exceptional circumstances. For a claim against an estate, you must also notify the personal representative within 6 months of the grant of representation. If you think you may have a claim, get advice early.
For a full overview of what unmarried couples can and cannot claim, see our guide to cohabitation rights in Ireland.
Protect yourselves with a cohabitation agreement
You do not have to wait 2 or 5 years to get certainty. A cohabitation agreement lets you set out how you will share household costs, debts and property, and what happens if you separate. It can also opt you out of the redress scheme entirely. To be valid, each partner must have received independent legal advice (or jointly received advice and waived independent advice), and the agreement must be a signed contract. Our Cohabitation Agreement is built for Irish law and can be upgraded to a professionally drafted version.
Frequently asked questions
Do cohabiting couples have rights in Ireland after 2 years?
Only if you have a dependent child together. Couples with a dependent child can become qualified cohabitants after 2 years of living together; couples without children need 5 years.
Can a qualified cohabitant inherit without a will in Ireland?
No. A cohabitant has no automatic right to inherit on intestacy. A qualified cohabitant can apply to court for provision from the deceased partner’s estate, but there is no guaranteed share.
Can we opt out of the cohabitants redress scheme?
Yes. A valid cohabitation agreement can exclude the redress scheme, provided each partner received independent legal advice (or jointly waived it), and the agreement is a signed contract.
This article is general information, not legal advice. For advice on your situation, read our guide to a consultation with a solicitor of your choice with an Irish solicitor.
