Buy a house with both our names on the title and we are not married does that make the house BOTH ours?
2007-01-15 09:38:16 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
if both of your names are on the title, of course the house belongs to both of you.
as a side note...are you sure your 'marriage' is common law? i know many states no longer acknowledge common law marriages. why not get married? it'll make everything nice and neat.
2007-01-15 09:43:43 · answer #1 · answered by jennyvee 4 · 1⤊ 0⤋
If both your names are on the title, then the house is common property. It is both of yours. Where it can get sticky is if there is if you split up. The house would have to be sold, or one of you bought out.
How much the buyout is and/or the division of the proceeds of a sale will be either 50% or whatever the judge says it is. If he can show he contributed 75% of the money put towards the house, you may only get 25% of the value of the house.
In all honesty, you would be better off getting married. The laws are clearer and better suited to equitable division of assets for married couples as opposed to common law.
Also, depending on where you live, he may not be your "common law" husband. It depends on the law where you live and the length of time you have been together.
2007-01-15 17:50:44 · answer #2 · answered by David V 5 · 0⤊ 0⤋
There is no more "common law" marriages as far as I know, but if their was , it used to be 7 years, But either way, married or not, sure you can buy a house together! Both names can be on the title, and you both will be responsible for the monthly payment! Even if they only check only one of you for credit references to buy the place. Why not get legal????? Good luck!!
2007-01-15 17:53:18 · answer #3 · answered by sue d 4 · 0⤊ 1⤋
If your names are both on title, then you are both owners in the legal sense. That said, if one person provided all the money to buy the house, the other person will not suddenly be entitled to half just because their name shows up on the title.
2007-01-15 17:53:19 · answer #4 · answered by Peter 3 · 0⤊ 0⤋
Regardless of marriage, the house belongs to whoever's names are one the Title/Deed....don't confuse this with the just the loan papers......
And---here's a link to see if you qualify as being CL Married......
http://family.findlaw.com/marriage/living-together/common-law-states.html
2007-01-15 17:57:37 · answer #5 · answered by kathylouisehall 4 · 0⤊ 0⤋
In states that have common law marriage you have to be together longer than three years.
If the house is in both names it is both yours.
BE CAREFUL, however, how the house is titled. If you buy the house as husband and wife in joint tenancy and you are not husband and wife, there could be problems.
2007-01-15 17:55:05 · answer #6 · answered by Anonymous · 0⤊ 1⤋
depends on where you are living, some states still recognize common law marriages as others do not. Plus all states rules are different as to what constitutes a common law marriage. But I would say if you bought it in both of your names then it belongs to both of you
2007-01-15 17:47:50 · answer #7 · answered by jbradc69 3 · 0⤊ 0⤋
anytime two persons are listed on a title of ownership, the property is equally both of the parties listed. regardless of living arrangements. i can own a house with my mother and she not even live in it. but she is entitled to half the proceeds if we sold the house.
2007-01-15 18:02:21 · answer #8 · answered by Bella 5 · 0⤊ 0⤋
Yes, try the site below for research on this legal question. Make sure to change the location/state in which you reside. Hope this helps.
2007-01-15 18:08:26 · answer #9 · answered by citronge69 4 · 0⤊ 0⤋
From what I know about these things after living for 63 yrs. the answer is yes. But that is how it is in Australia as far as I know. In other countries I don't know.
2007-01-15 17:43:30 · answer #10 · answered by Alwyn C 5 · 0⤊ 0⤋