..if I want my partner to make decisions on my behalf instead of my parents or next of kin if I die? Is a will enough?
If my partner and I ever split up (hope not!) , then what will happen to our house which I bought and we live in - does he have any right to it?
2007-03-06 23:12:54 · 18 answers · asked by soliwake 1 in Family & Relationships ➔ Marriage & Divorce
No, not gay, I'm female, just think "boyfriend" is inappropriate.
2007-03-06 23:20:43 · update #1
You will definetely need a will drawn up, also a living will as well. You should get power of attorney's for the areas you want this person to have legal access to. If you bought the house together then your partner should have their name on the deed to the house. By having their name on the deed to the house they automatically own the house.
I would consult with an attorney to se if there are further actions to take concerning your wishes. Many attorneys have free consultations.
2007-03-06 23:22:44 · answer #1 · answered by swtlilblonde31 5 · 0⤊ 0⤋
You should consult an attorney to understand how to legally accomplish what you want, both now and later. Your partner should go with you so that he understands his role as well. He will also need a will and other legal instruments so that both of you have the proper legal documents in place.
Some states recognize common-law marriages. If you and he have been presenting yourselves as a couple, you ARE married in the eyes of the community and the state. You cannot "decide not to be married" in that state - the state will do it for you. Lacking an executed marriage license and a ceremony will not "prevent" you from being married.
When he moved in and stayed for a while, he became your husband without any action on your part. You will have to get a divorce in order to "split up".
2007-03-07 07:25:30 · answer #2 · answered by Thomas K 6 · 0⤊ 0⤋
even if you arent married , being in a relationship for sometime and sharing living arangements , will legally constitute a defacto relationship , holding the same weight as a married relationship.
yes - a will is enough , it is your last words , and respectfully your wishes shall be granted should you die
if it is both your names , it will be put up for sale , and in most cases you will get an equal share , unless you have no children , then the percentage may be divided based on the percentage of the party contributing to it. if it is in your partners name , and he is the sole contributor , then the house is his .. if your relationship ends , there are a number of factors which come into it.. just hope that you dont split , is the best answer (then worry bout it as it comes)
2007-03-07 07:31:00 · answer #3 · answered by DSV 6 · 0⤊ 0⤋
You will need to get a Power of Attorney for him, and it would have to state that they can make financial or medical decisions for you in the event that you can't speak for yourself,cause you can get both of those legal documents separately. And as far as the house is concerned, a will would be sufficient, but I hope you are very sure of this before you make such a big decision.
2007-03-07 07:19:53 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I just read about this the other day! lol
No, he doesn't have a right to live in the house after you're gone if his name isn't in the will as the law doesn't recognise common partners in the same way as it does with marital partners. Your best bet is to make a will and also make your wishes known to your family and partner.
2007-03-07 07:17:22 · answer #5 · answered by Cat burgler 5 · 0⤊ 0⤋
You need to speak with a law in your state and see what the laws are since you two are living together. As for the house if his name is not on the deed or you have no written agreement if you two would break up I doubt he has any rights to your house.
2007-03-07 07:17:43 · answer #6 · answered by bbinqueens33 4 · 0⤊ 0⤋
I think "power of attorney" gives someone else the right to make decisions on your behalf. It's different than a will.
2007-03-07 07:16:19 · answer #7 · answered by Molly R 3 · 0⤊ 0⤋
i just read an article about when u live together but are not married. so all the property he leaves to u or u leave to him after death he has to pay 41% taxes in my country. a legally marreid spouse wopuld pay only 19%. so this is it. and also if u both have kids - he needs make on papers that he adopts them, otherwise he is noboody to them according to the law. anyway, i suppose u might read about it on the internet. good luck
2007-03-07 08:21:39 · answer #8 · answered by jacky 6 · 0⤊ 0⤋
You need to make a will in case of death and a power of attorney in case of long term incapacity.
I'm somewhat confused why you're so opposed to marraige If you're that committed to giving/leaving your wordly goods to your partner.
If you're in a 'same-sex' relationship then you have my sympathy at the intolerant attitude of the current laws.
2007-03-07 11:57:23 · answer #9 · answered by CeeVee 3 · 0⤊ 0⤋
you should make a will.
It saves everyone in family potential arguing over anything. Plus, it is one less thing for them to worry about , because you have done the work.
2007-03-07 07:17:21 · answer #10 · answered by dsclimb1 5 · 0⤊ 0⤋