Cohabiting Couples

Cohabiting Couples - Spousal Consent and the Family Home Protection Act Applicability

Key Points on the Family Home Protection Act

Definition of “Family Home”: The Act defines a family home as a dwelling in which a married couple ordinarily resides. It specifically protects the home from being sold, mortgaged, or otherwise disposed of without the prior written consent of both spouses.

Spousal Consent Requirement: Applies only to married couples. Consent must be given freely and with full knowledge of the transaction. If one spouse tries to sell or mortgage the property without the other’s consent, the transaction is void.

Does It Apply to Cohabiting Couples?

No. The Family Home Protection Act does not apply to:

Cohabiting (unmarried) couples, even if they have lived together for a long time.
Individuals in civil partnerships (who are covered by similar but separate provisions under different legislation).

Thus, spousal consent is not legally required under the Act for cohabiting couples.

However, other legal protections or remedies may arise under:

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, especially if a cohabitant can prove economic dependence after relationship breakdown.
General property law, if the property is jointly owned.

Legislation Regarding Cohabiting Couples in Ireland

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

This is the primary legislation that addresses the legal rights and responsibilities of cohabiting couples in Ireland.

Who Is Considered a Cohabitant?

Two adults (same-sex or opposite-sex) who are not married to each other or in a civil partnership,
Living together as a couple in an intimate and committed relationship,
For a minimum of 5 years, or 2 years if they have a child together.

Rights and Obligations of Cohabitants

No Automatic Property Rights: Cohabitants do not acquire automatic ownership or rights over property. Each partner retains what they legally own unless explicitly agreed otherwise.
Redress Scheme for Qualified Cohabitants: A qualified cohabitant may apply to court for maintenance orders, property adjustment orders, pension adjustment orders, or provision from the estate of a deceased cohabitant. These orders are discretionary.
No Inheritance Without a Will: A surviving cohabitant does not automatically inherit from their partner’s estate unless there is a valid will or they successfully apply to the court under the redress scheme.

Cohabitation Agreements

Cohabitants can enter into legally binding cohabitation agreements to outline property ownership, specify financial arrangements, and plan for separation, illness, or death.

These agreements must be:

- In writing,
- Signed by both parties,
- Made with the benefit of independent legal advice (or formal waivers of such advice).

Jacob Law LLP, September 2025

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