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Card 1: Close this window. Your legal rights as a partner depend on whether you are married, in a civil partnership or living together. In general, you have fewer rights if you're living together than if you're married or in a civil partnership. What is cohabitation?Living together with someone is also sometimes called ‘cohabitation’. A cohabiting couple is a couple that lives together in an intimate and committed relationship, who are not married to each other and not in a civil partnership. Cohabiting couples can be opposite-sex or same-sex. A cohabiting relationship can continue to be ‘intimate’ even if it is not sexual. If you live together you may sometimes be described as common-law husband and wife. There is no such thing as a common law husband and wife in Irish legislation. However, couples living together now have certain rights if the relationship ends (through death or separation), though this depends on how long you have lived together and if you have children together (see Redress scheme for cohabiting couples). What rights does a cohabiting partner have?While couples living together now have certain rights in the event of the death of either partner, or the breakup of your relationship, cohabiting couples do not have the same legal rights and obligations as married couples or civil partnerships. This has a bearing on important life events, including buying property, having children and inheritance. For example, if you are living with your partner and you die without a will, your partner has no automatic right to any share of your estate (property, money and possessions) no matter how long you have been together. Even if your partner has provided for you in their will, cohabiting partners pay Capital Acquisitions Tax (CAT) at 33% on gifts/inheritance over €16,250. However, if you receive a gift or inheritance from your spouse (your husband or your wife) or your civil partner, you are exempt from Capital Acquisitions Tax (CAT). Given the legal differences between being married and living together, this page signposts you to some of the issues you should consider if you are living with your partner: Redress scheme for cohabiting couplesIf you have been living with your partner and your relationship ends, you may be able to avail of the Redress scheme for cohabiting couples. The aim of the redress scheme is to protect a financially dependent member of the couple if the long-term cohabiting relationship ends (either through death or separation). Under the redress scheme, cohabiting couples can get similar orders from the court as are available to married couples when they separate or divorce if the court is satisfied that one of you was financially dependent on the other. The types of orders you may apply for under the redress scheme include property adjustment orders, maintenance orders and pension adjustment orders. A gift or inheritance taken on foot of a court order under is exempt from Capital Acquisitions Tax (CAT). Some examples to which the CAT exemption apply are:
To apply for court orders under the redress scheme, you must be a qualified cohabitant. This means you must have been:
The rules of the scheme are set out in the Cohabitants are defined in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. InheritanceIn certain circumstances, if your partner dies when you are still in a relationship together, you can apply to the court for a portion of their estate, but it is not necessary to prove that you were financially dependent on them. You must apply within 6 months after the probate or administration is first granted. A gift or inheritance taken on foot of a court order under Part 15 of the Civil Partnerships and Certain Rights and Obligations of Cohabitants Act 2010, is exempt from Capital Acquisitions Tax (CAT) including a benefit from the net estate of your deceased partner. Dwelling House ExemptionIf you qualify for the Dwelling House Exemption, it may be possible to inherit the family home from your deceased partner without paying Capital Acquisitions Tax (CAT) if:
If the Dwelling House Exemption does not apply, you may be liable to pay 33% CAT on the value of any inheritance that exceeds €16,250. What refers to a married couple and their children?nuclear family, also called elementary family, in sociology and anthropology, a group of people who are united by ties of partnership and parenthood and consisting of a pair of adults and their socially recognized children. Typically, but not always, the adults in a nuclear family are married.
What is the term for a household arrangement in which an unmarried couple lives together in a committed?Living together with someone is also sometimes called 'cohabitation'. A cohabiting couple is a couple that lives together in an intimate and committed relationship, who are not married to each other and not in a civil partnership. Cohabiting couples can be opposite-sex or same-sex.
What type of family consists of two adults living together in a household with their own or adopted children?Nuclear families, also known as elementary or traditional families, consist of two parents (usually married or common law) and their children. Nuclear families may have one or more children who are biological or adopted, but the main idea is that the parents are raising their kids together in the family home.
What is the general term for a marriage in which an individual can have several husbands or wives at the same time?Polygamy (from Late Greek πολυγαμία (polugamía) "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny.
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