if my boyfriend moves in with me, does he have a claim on my house? i have been paying mortgage 10 years?

Answer 1

He won't have rights of ownership (exception is common law states and only after several years), but he will have rights to stay in the home even if you kick him out. If it gets ugly, you may have to evict him filing the proper documents. He will have a legal right to stay in the house even if you tell him to leave. Check your local states laws.

Answer 2

It's all to do with what country you are in and how common law marriage applies to your situation. Sometimes it needs to be a documented period (i.e. he has proof of residence i.e. mail, bills etc) of either 6 or 12 months. The basis of this is to protect live-in, stay at home girlfriends / boyfriends (perhaps with kids) that have never got married but may as well have been.

To get around this issue, ask your boyfriend to sign a tenancy agreement, fill in a rent book and maybe pay a token rental amount.

I would strongly advocate this - when two people decide to move in together they have the best of intentions, things don't always work out as you plan.

Answer 3

It used to apply some years ago, but it now depends on circumstances.

Some men do not contribute at all, often the opposite, so why should they get anything.

Did he ever pay you rent or pay his own keep.

Did he help with the house work.

Contribute to any other bills.

Sadly even though the answer to this question is often no! Many have gotten away with far too much. Even as much as half of everything you own.

But if he is not down for joint ownership, and has never paid towards your mortgage. Then he should go away with what he came with, which is probably nothing.

And be grateful.

If of course it should ever come to this:

But if you are both wise; you will settle the matter between you out of court; if possible. If it ever does.

See a lawyer about it all firstly, as soon as possible. If you are going to live together - good to know where you stand on things.

Answer 4

If you are in a state that recognizes common law marriage, he could be entitled to litigate this if you split up.

The safest thing you can do is have an attorney draft a legally binding agreement that stipulates whatever terms you have in mind. This is so much easier than trying to undo things after you have been together for awhile. Make sure the agreement covers who is bringing what into the relationship, who is paying for what while you are co-habitating, how things will be separated if he moves out, what happens if you get married, or if some catastrophic happens to one of you.

Money well spent.

Good luck!

Answer 5

Depending on how long he has been there he may have rights to adverse possession if you have not been charging him rent and did not kick him out within a certain period of time.

From my understanding this would give him rights to continued use of the home as he did before, even though you own it. Once he stopped using the home, then he would loose his right. But if he kept using the home, I think he could stay.

Just like if you were using your neighbors driveway without him knowing it. He might think you own it and never kick you out. After a certain period of time, he cannot stop you.

I think we are talking about 7 years or so and in some states after living together for that long you are married anyway.

Answer 6

no, not unless you get married. My boyfriend moved in with me and I was paying the mortgage, he had no claim on my home. However, he wanted to be put on the deed, THAT would have given him a claim. I would advise that you don't do that if he asks, I don't care how much you love him. When I kicked my boyfriend out 4 years later I was so glad I hadn't put him on the deed like he's asked me to, it would have caused all sorts of legal headaches when it either came time to sell or he could have forced me to pay him his 1/2.

Answer 7

How is the house TITLED? If it's in your name, he doesn't have a claim.

However, there are always crazy creative lawyers and activist judges out there, so it never hurts to draw up an agreement if he's going to be living there. Make it clear that ANYTHING he contributes to the house does NOT provide any ownership of it at all. He would have to pay to live anywhere but with mom, right?

Still, WHY is he going to be living there? If you think you want to marry, you're increasing your chances for divorce if you live together first. If you don't want to marry him, what's going to happen when you want him out? (Getting him OUT is a different thing than claiming part ownership of the house). If he's sort of a "roommate," that will likely be something you regret.

When people shack up, they frequently then start comingling accounts and such and you opened a can of worms you WILL come to regret. If you put your money together he probably can find a lawyer and a judge to listen to how he's "entitled" to part ownership of the house or money back when you split OR sell the house, etc.

Answer 8

He will not be entitled to anything until the time frame for what is known as a common law marriage takes place. This time frame changes state to state, and is not recognized in some states.

His non-entitlement can be further solidified if you write out a lease contract with him, and have him pay rent (although, that may be socially ackward - nothing personal, its just business!).

Answer 9

sorry to contradict , but he may have a claim if he can prove he finances home improvements or the like that add value to the property , i know a woman currently been taken through the courts by a work shy ex - boyf , get something in writing would be my advice.

Answer 10

Check your laws on common law marriage and check with a professional for laws in your state - -to be sure. Why have him move in if he doesn't make a commitment to you? You don't sound too sure you really want to have him move in. Any doubts, don't do it.