i live with someone who has purchased a house through a state title agency for the last 3 years 3months. i sold my house in illinois to move out to arizona with him, we were involved in a relationship at the time, we both renovated both places together, mainly using money charged to a credit card in my name. myself and my mother have been paying 2/3's of the payment for that entire time and i would like to know if there is any legal action i can take as to a share of said property? there are 2 dwellings on the property. my mother lives in one and the gentleman and myself live in the other. we are not married and i have written a check for the payment, in my name only, for every payment. also, he does not claim rent on any taxes for these "rent payments" in which he claims them to be. do i have any legal rights to a share of the property? yes i know i should have had my name put on the title.
2007-12-27 12:14:58 · 4 answers · asked by dana - 1 in Business & Finance ➔ Renting & Real Estate
thank you, john e and loanmasterone for some intelligent advice. some pro-active advice.... i do not ask questions that i already know the answers to, or more to the point questions that MOST people know the answer to.
2007-12-30 10:18:47 · update #1
When you sold your home in Illinois how did you split the sales proceeds. Did you divide them equally with him?
If he is calling the payments you make to him rent then as far as he is concerned you are a renter.
Who did you make the checks out to? Were they made directly to the mortgage company? Were they made out to him in his name?
If you made the mortgage payment directly to the mortgage company from a checking account that you were the only signer you might have a slim chance at claiming that you felt and believed that you were paying on a mortgage that you felt were part yours.
You should check with a local attorney there in Arizona, this should not cost you too much as you are seeking an attorney and might use the one giving you the advice.
I hope this has been of some use to you, good luck.
"FIGHT ON"
2007-12-27 16:57:53 · answer #1 · answered by loanmasterone 7 · 0⤊ 1⤋
Arizona doesn't recognize common law marriage, so you cannot gain ownership to a property simply by paying the bills...even if you pay ALL the bills.
When you make the choice to live together instead of getting married, you lose all of your legal leverage, and you cannot enjoy the same rights as married people.
Married people, even when one spouse has everything in their name...the other party is entitled usually to 50% or better of any assets....this is not the case with live-in's.
You are glorified roommates, under the law.
If nothing is in your name, and you are paying for all of the bills, then congratulations...you just bought him a house.
2007-12-27 13:22:56 · answer #2 · answered by Expert8675309 7 · 1⤊ 0⤋
Unless your NAME is on the mortgage or title, no, you have no legal rights what so ever and no judge will ever grant you any.
2007-12-27 12:19:50 · answer #3 · answered by Landlord 7 · 1⤊ 0⤋
You may have cancelled checks but they may fall into his hands. Be careful.
2007-12-27 14:03:29 · answer #4 · answered by Anonymous · 0⤊ 1⤋