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Home Legal Advice

The legal recommendation with Karen Walsh Can my boyfriend take my farm?

by Penny Tucker
February 26, 2023
in Legal Advice
0

I lived with my boyfriend for two years in my circle of a relative’s home, which belongs to me, and is on the family farm.

My father, who’s nevertheless alive, transferred the farm and his own family domestic to me.

He has a proper to be maintained out of the land and also lives with us.

I am the sole employee on the farm, my boyfriend has been unemployed for numerous years, and I had been helping both folks and my father because he ended his task.

He has in no way contributed financially to the farm.

He has always threatened that inside the event of a breakdown in our dating, every time we go through a terrible patch, he’ll take my home or the farm, and currently, I fear things are going that way.

What is the location if we had been to break up?

Dear Reader,

The legal recommendation with Karen Walsh Can my boyfriend take my farm? 1

I am sorry to listen to this.

It is an authentic challenge for humans these days, and you do no longer ought to be married, to any extent further, for an ex-associate to have rights over your property, etc.

As people tend to wait until they may be older to get married, more and more are cohabiting. Therefore, it is sensible for people with valuable belongings to attain a pre-nuptial settlement before getting married. However, only a few human beings enter into one, and they may be nevertheless not legally regarded in Ireland, even if you placed an agreement in the region.

Living together is a gray area. Often, human beings enter into cohabitation without the identical quantity of attention of the capability monetary outcomes as in marriage.

To protect their own family farm and their livelihood, cohabiting farmers should know what can occur if a courting breaks down.

The rights of cohabiting couples are set out in The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

Section 172(five) confirms that a cohabiting couple needs to have lived collectively in a devoted and intimate courting for 5 years or two years if they have children collectively.

The individual seeking to have rights recognized have to be financially dependent on the other character.

The courtroom should take many elements into accounts, such as the financial occasions of the cohabitants, the duration, and degree of dedication of the connection, contributions (financial or otherwise) through the cohabitants to the connection, and the conduct of the cohabitants, in selecting the rights and responsibilities of cohabitants.

In this situation, you do no longer mention whether you and your boyfriend have kids together. If you do no longer, your boyfriend does not satisfy the definition of a certified cohabitant, which means he might now not be entitled to the various financial reliefs beneath the legislation because you are not dwelling together for five years.

It might be prudent, if the relationship breaks down, you deliver an in-depth history of the relationship to a solicitor, and they can propose you in detail.

If you and your boyfriend stay collectively in a devoted and intimate courting for 5 years, he will, in reality, grow to be a qualified cohabitant and could be entitled no less than to use for various reliefs thru the courts, along with assets adjustment orders, and can order the sale of assets, payment of lump sums and many others.

Penny Tucker

Penny Tucker

I’m not the typical corporate attorney. Instead, I write about things I’m passionate about—including law, finance, and politics. In addition to writing, I’ve taught a class on writing for lawyers and am a contributing editor for lawrenca.com. To learn more, check out my site: https://lawrenca.com/

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