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Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2108
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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hi my partner and i were to marry in church on the 10th september

Resolved Question:

hi my partner and i were to marry in church on the 10th september 2011 in the march 2011 we found out he had lung cancer 5 weeks befor we were due to marry he wasnt very well at all our priest come to our house set up an alter in the living room and married us it was lovely we had family and friends there we said our wedding vows and exchanged wedding rings but because it was five weeks early we could not sighn the register until the friday that would have been the 5th august our wedding was on the 3rd august an d sadly pat passed away on the 4th of august so you can see how upsetting this is for me the church gave me a marriage certificate but because pat died the day befor was unable to get one from the state is there any thing i can do about this also can i have the house put in my name as it was left to pat in his mums will i have lived here for 14 years pat and i did the house up from scratch when we moved here it was used as a cow shed now it is my lovely home
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 2 years ago.
There is nothing to do in relation to the State marriage. unfortunately what you have is a church marriage which has no recognition under civil law. You will probably qualify as a co-habiting couple under the Civil Partnership and certain rights and obligations of Cohabiting couples Act 2011

In relation to the house and his estate generally, if he has made a will and made provision in it to provide the house is transferred to you. Then yes the house can be transferred to you however the tax liability as strangers in blood will be significant. In the case of a cohabiting couple where the surviving partner inherits the family home, the surviving partner may be liable for inheritance tax, unless the surviving partner qualifies for dwelling house tax exemption.

If you are in a cohabiting relationship and your partner die without a will, the surviving partner has no right to any share of the estate no matter how long you have been together, apart from what was held jointly. Many people are not aware of this, so it is very important to know your rights in this situation.

Under the redress scheme for cohabiting couples a qualified cohabitant may apply for provision to be made from the estate of a deceased cohabitant. Where the partner dies in an existing relationship, it is not necessary to show financial dependence.

Under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 a redress scheme has been introduced for opposite-sex cohabiting couples who are not married and same-sex cohabiting couples who are not registered in a civil partnership. The redress scheme provides for a broadly similar range of orders as are available to married couples when they separate or divorce.

The aim is to provide protection for a financially dependent member of the couple if a long-term cohabiting relationship ends either through death or separation. The Act, which also introduced civil partnership registration for same-sex couples, came into effect on 1 January 2011.
Ronan, Solicitor
Satisfied Customers: 2108
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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