I bought a home and my name is on the "note" and "title". My boyfriend of 2 years is living with me. He pays half the bills and I'm wondering if he'll have any interest or ownership in the property if we ever split up? Also, what type of case will he have? He would be paying for rent if he didn't live with me, right?
Any opinions appreciated!! :-)
2007-10-01 03:20:40 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
In almost all states no, check the state laws as to common law marriage.
2007-10-01 03:24:16 · answer #1 · answered by newmexicorealestateforms 6 · 2⤊ 1⤋
No. Through the eyes of the law his contributions to the mortgage is seen as rent being paid to you until you reach a time when you are either legally married or are living together long enough to be recognized as married by common law (usually about 7 years). His interest in the property would only be the difference between the recognized equity you have in the house at the time of common law (or marriage) and the recognized equity that exists when you split up. Thus all the equity you realize up to that point is 100% yours.
I know it sounds evil, but you might want to protect yourself and have the house appraised around the same time you become common law (or get married) as it will serve aspecific purpose if you break up.
2007-10-01 03:46:56 · answer #2 · answered by linkus86 7 · 0⤊ 0⤋
Basicly the best thing to do is to check the common law marrage in your state. Most I dont think are 2 years or less the ones I have heared were usually 7 years. By that time if it happens it would be best to consult with a lawyer to see how marrage property is split up in your state. In Illinois if it is aquired while married no matter who is on the title if its one or both both owns it. But if it was aquired before the marrage and only one is on the title that one person keeps it even after the split up. So its best to check your laws first then consult a lawyer
2007-10-01 03:36:11 · answer #3 · answered by lonenightwolf13 2 · 0⤊ 1⤋
Since your name alone is on the deed and the note, he has no rights to your property.
With regards to common law marriage, only a few states recognize the concept. And those that do do NOT automatically create a common law marriage merely via cohabitation. You MUST hold yourselves out as husband and wife to be considered married at common law.
Even if you were common law married now, if you owned the property prior to the marriage it would continue to be your sole and individual property even in a community property state. Merely getting married does NOT create a dower estate!
2007-10-01 03:43:47 · answer #4 · answered by Bostonian In MO 7 · 2⤊ 0⤋
Although I am not an attorney, I do not believe that he has any rights to your property. You would have to be presenting yourself as a married couple to the community, file joint income taxes, and live in a state that recognizes common law marriage in order to be considered married. You may want to check out this website to see if you live in one of these states. http://www.unmarried.org/common.html
Also, a quick call to a local attorney would clear it up.
2007-10-01 03:37:56 · answer #5 · answered by Christiane 3 · 0⤊ 0⤋
Be fair and square.
Pay half bills because he living with you.
Doesn't mean he paying the installments of your house.
He have no right to has half of the property unless he has name in the contract of property.
He also need shelter if he not live with you.
2007-10-01 03:29:57 · answer #6 · answered by edisonteck 2 · 0⤊ 0⤋
I would think he would have no rights if the house is only in your name and he's listed as a tenant.
2007-10-01 03:28:55 · answer #7 · answered by Debbie Queen of All ♥ 7 · 0⤊ 0⤋
If you've been living together for 2 years, you're probably considered married by common law. That means if you split up, he can have the house appraised and would be entitled to half the profits.
2007-10-01 03:25:46 · answer #8 · answered by Roland'sMommy 6 · 0⤊ 5⤋