and the mortgage of the house has not been fully paid? will one have sole ownership perphaps to care for a young child and buy the other out or will the house be sold and the proceeds divided?
2007-06-27 23:40:54 · 6 answers · asked by temi o 1 in Business & Finance ➔ Renting & Real Estate
depends on the state and how long they lived in it. google community property states and find out!
2007-06-27 23:46:04 · answer #1 · answered by Matthew K 3 · 0⤊ 1⤋
If there is a child involved, the woman usually has the right to stay in the house with the child until the child reaches 16 years of age, when the guy can then demand that the house be sold and then they take half each. It's usually his job to ensure that the mortgage is paid within this time as well... It depends on how long you've been together as well, and who has contributed what to the property - if the woman has had a child, and the mans name is on the birth certificate, it doesn't matter if she's not been working... Don't forget - solicitors do stand to make more money by telling their client that they should "fight for more" - try and resolve things amicably if at all possible.
2007-06-28 06:57:23 · answer #2 · answered by manno 2 · 0⤊ 1⤋
Here is a more correct response: Some states still recognize common law marriage after a period of time, typically 7 years. If you were living together for a long enough period of time, your state may consider you married. Then it is a community property issue if you live in a community property state.
Children are irrelevant.
And as for the man bearing sole responsibility, that just isn't the case. If the woman has means of sustaining herself, the man may have to pay child support, but she will have to pay expenses.
If an amicable agreement cannot be reached, it is likely the court will order the house sold and the proceeds split according to who contributed what financially to the relationship.
2007-06-28 11:39:06 · answer #3 · answered by godged 7 · 0⤊ 0⤋
That will be up to the parties involved. If both are on the deed and mortgage, they both have a right to live in the home and they are both responsible for the mortgage payments.
Their rights and responsibilities are equal. Any children are irrelevant to the situation. One could buy the other out if they mutually agree, or they could sell the property and divide any equity.
If they can't agree to an equitable division the courts will normally force a sale and division of any equity. In the worst case they both walk away and the property goes into foreclosure. When that happens, everyone loses.
Contrary to another respondent's answer, community property laws are irrelevant. They only apply to married couples and the question was in regards to an unmaried couple.
2007-06-28 07:50:53 · answer #4 · answered by Bostonian In MO 7 · 2⤊ 0⤋
Call a lawyer. They don't charge for one question. Unless they just crawled out from under a rock. Also who signed the mortgage is the house co-owned on paper. Did he/she have the house when you moved in? These are all factors. Get legal advice from the area in which you live.
2007-06-28 06:51:39 · answer #5 · answered by Placida 2 · 0⤊ 0⤋
Being married will make little difference. Who signed the mortgage will be the key. Also who has contributed financially to the living expenses.
2007-06-28 07:14:33 · answer #6 · answered by Barbarian 5 · 0⤊ 1⤋