Do I have any community property rights?

Question

My fiance, with whom I built a house 2 years ago, has moved out of the house. We had lived together for 4 years and I came home to an empty house. The house is in her name, for interest rate reasons, but she has not been back nor will she contact me, answer emails, phone calls-no contact for 8 weeks now. Would this appear to be an abandonment of property? There are utility bills in my name. My license states this address AND there is mail that comes here with her first name and MY last name, as if we are married. Do I have rights to take over the house? I have not made payment due to she has all of the information. But I am sure that can be determined by a lawyer. Can someone shed some light on this very complicated situation that I find myself in? Do I have a case or will it be a waste of time and money?

Answer 1

Its not abandonment. She could be making payments and you dont know it. It is her house b/c it is in her name. You will be stuck with the utility bills unless you want to take her to court. As far as your license having that address, it only means she has to give you at least a 30 day notice to kick you out. You should keep trying to contact her, but contact a lawyer as well.

Answer 2

First of all, there is no such thing as 'Squatter's Rights'. And even if there were such a thing, it would not apply in your situation unless you were in the home for more than 5 to 15 years AND had color of title.

However, since it's a moot point I'll ignore that issue.

The second issue is the Deed to the home and the fact that you were not married. These are the ONLY two issues in your sitauation.

Because you are not married, the deed controls, as marital property rights are irrelevant absent the marriage. Now that we know the deed is in her name, that solves that issue. Again, the deed controls.

Therefore, regardless of what anyone tells you, you have no claim whatsoever to this home. And, depending on what state you reside in, she my have to evict you since, by legal definition, you are a tenent.

One last point. Your making payments on the home is irrelevant. Without a written contract to the contrary, the law considers your payments as rent and nothing more.

Even if she told you that she would share the home with you it is invalid. Any transaction in Real Estate in all 50 states must be in writing.

My suggestion is to stop making house payments, stop paying the bills and start saving money for your own place. and if you want spend money on an attorney. However, you have just spoken with an attorney.

EDITED TO ADD CLARIFICATION:

PEOPLE who said he had property rights. Please learn the law. There was no marriage and the deed is in her name. Now explain HOW you arrive at any property rights.

Abandonment is also not an issue. Again, no marriage, no default, no contract and no Adverse Possession. Regardless of the state, this person has no property rights to the home.

Now, if you have case law or statutes which say differently I'm sure the poster would like to review them, as well as the Appeals Courts of all 50 states.

Answer 3

You can continue to make the payments, but unless your name was on the title you have no "rights" to the house since you were not married to her at the time it was purchased. If your name was at least on the deed you would have legal rights to the house. You need to see a lawyer to see if you can purchase the house from her.

As far as claiming home abandonment, an owner of a home has the right to leave property empty. The local municipality and bank has more right to the house right now then you do.

Answer 4

Squatters rights don't even begin to apply until 10 or 20 years, depending upon the state. I think you are considered a guest, unless you can prove that you contributed to the household expenses. Did you write checks to the mortgage company from your account? I'd suggest you see an attorney if you have cash invested; otherwise, find a new place.

Answer 5

Alot of the community property questions you ask depends on what state youre in; Wisconsin is the only community property state east ofthe Mississippi river and the rest (10) are out west. You have the house by means of abandonment by her. It sounds as if she has voluntarily vacate the house so now its yours and you need to check with your localofficials to see what has to be done to get it totally in your name if you want to keep it. Check with whoever holds the mortgage on it too. Keep the payments upso the bnk doesnt foreclose on it but make sure they not who is currently making the payments so you get credit for it. This is not as complicated as it seems. Legally you have possession of it and she has abandoned it. Just get it in your name now. Good luck

Answer 6

She may have already contacted an attorney and you will need one anyway. Since there is property, discuss the issues with your attorney and see what your options are. Since the property is in her name, I would not think she would be termed as abandonment. She may simply be waiting for you to move out. Good luck with that.

Answer 7

you have squatters rights same as community property under the circumstances. Yes abandonment of property also but you have not paid the bills. Contact a lawyer right away cause you do not want the house to go into foreclosure.

Answer 8

Depending on what state you live in you may need to contact the courts for that one. I know in my state like alot of others property is a civil matter so maybe you should contact civil courts with these questions.
Good Luck

Answer 9

Check your state laws, on community property and common law marriages.

Answer 10

what state are you in?
most states are community property state when you are MARRIED
engaged means nothing
it her house
you just stuck with utilities bills