Co-Habitation & Co-Ownership

Parties that are living together as a married couple but not married do not enjoy the same protection of the Courts as those who are married.

Split of Property of non-married parties

Where parties have purchased a property together and they wish to split their interests in the property as they are separating. If agreement cannot be reached between the parties as to the split of the property, Partition Proceedings are required to be issued in the Circuit Court in order to bring the matter before the Court. A Judge can order the actual physical partition of the property or order the sale of the property and determine the appropriate percentage split between the parties.

In most cases of this nature; there can be argument between the parties as to whom has made more of a contribution to the property from the initial funding of the deposit to the repayment of the mortgage. A Court will look to both parties to prove their entitlement to a larger percentage of the property based on vouching documentation for mortgage re-payments and initial deposits.

Frequently couples have purchased property in one name only, but both parties are contributing to the repayment of the mortgage, the party that is not on the title may still be able to establish a beneficial interest in the property and the Court can be asked to rule on a percentage entitlement by way of partition proceedings.

How to avoid an Argument?

When a non- married couple are purchasing a property, they should seek advise from their Solicitor in regard to holding the property as Tenants In common on the title deeds, if parties hold a property as Tenants in Common, the deed can be drafted to reflect the percentage ownership of the parties.

Co-Ownership Agreements

We would always advise that where non-married parties are purchasing a property they should enter into a co-ownership agreement at the same time as signing of the title deeds.

A co-ownership agreement will define in the event of a dispute between the parties how the matter is to be resolved in a cost effective manner.