An Irishwoman has said she was left with no choice but to sell her family home because she was denied a Widow's Pension after her partner died.
Sheila Duffy had been with her partner Johnny Freeman for 35 years before he developed cancer and passed away in March 2021.
The couple lived together, had one daughter but were not married.
Johnny was legally separated from his wife in 1984, the couple met in 1986 and their daughter was born in 1988.
Sheila told Lunchtime Live their priority was a home for their daughter.
"At that point in Ireland there certainly was no divorce, which didn't come in until 1996," she said.
"Our first priority for us was to get a roof over our daughter's head.
"Obviously we struggled through all of those 25 years.
"I'm now a retired civil servant with 40 years; John had different types of work through those 25 years.
"He ended up working for his last period of time in the Revenue Commissioners".
'We never missed a payment'
Ms Duffy said the couple bought their first house together in 1997 before taking out a mortgage in 2003.
She said they were paying the mortgage through her own pension and the three pensions Johnny was entitled to through his own career.
Ms Duffy said Johnny had three pensions, including one from Revenue.
"Between us we were able to pay the mortgage monthly and we never missed a mortgage payment on that house," she said.
"But in March 2021 when he passed away, all of those pensions are cancelled.
"That money was gone out of the income coming into the house."
Sheila Duffy and Johnny Freeman with their daughter. Image: SuppliedMs Duffy said she soon found out that she was not entitled to a Widow's Pension because she had not married her partner of 35 years.
"I held on for a number of months... but I knew three or four months later, that I couldn't do it," she said.
"A decesion I made was to sell the property".
Ms Duffy said she also approached a mortgage resolution unit in her provider.
"When they looked at my income and expenses out of my fortnightly civil service pension, they deemed I could only pay €184 per month, which was a big come down from over €1,000 that we were paying up to his death," she said.
"I simply had to get that mortgage cleared because I simply couldn't afford it."
Ms Duffy said she then rented for a number of months, before living with her daughter after converting a garage into a one-bedroom log cabin.
'Our Constitution doesn't reflect that'
Sinéad Murray from Treoir - the National Information Service for Unmarried Parents - told the show Sheila's situation is quite common.
"There's 150,000 cohabiting couples in Ireland, and 75,000 of them have children," she said.
"For Sheila and for lots of other couples, them not getting the Widow's Pension is one example of how the Constitution discriminates against cohabiting couples.
"Sheila, Johnny and her daughter would all be considered a family in Irish life, yet our Constitution doesn't reflect that.
"That's why Sheila and Treoir are campaigning for a Yes/Yes in the referendum - so families like Sheila's will be recognised".
Ms Murray said a recent Supreme Court case, which saw a man awarded his partner's pension despite not being married, may not cover Sheila's circumstance as their child is an adult.
Senator Michael McDowell has previously said a Yes vote in the family referendum could have major unintended consequences for people in long-term relationships.
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