QUESTION
What should I do if my boyfriend's attorney is refusing to put my name on the deed to his home?
Asked on Mar 03rd, 2014 on Divorce - Michigan
More details to this question:
My boyfriend for 12 years wants to give me a 20% interest in his home. We have two daughters together, and over the course of the years I have put roughly $20,000 of my own money into the home to repair it. In addition, I pay everything for our daughters, as well as paying the utilities, food and cell phone bills as my boyfriend has been unemployed off and on and I make triple his income. The home recently has been paid off. Before I put work into my boyfriends home, which he owns alone, he signed a promissory note to pay me back the $20,000. Recently, I have become angry at the fact that after 12 years I have built No equity in the house, and my boyfriend basically can just "throw me out in the street" as I am not on the house title. He had said that he feels that since I contributed to the house repairs, that I should have a 20% interest in the property. He visited his attorney about this, and the attorney flat out refused to do this, stating that "wives go on house deeds, not girlfriends". He said he would rather put a nonworking spouse on a house deed than a girlfriend who works and contributes. I don't understand this at all. My boyfriend said "Well it doesn't seem fair that I can just throw her out of my house when she put all the work into it". His attorney responded "Too bad. You are sitting in a position of control so why do you want to lose it". It is her fault for lending you money". When my boyfriend asked about putting me in his will, he also refused to do it. He said that our daughters somewhere down the line would be angry that my boyfriend (their father) gave me any money at all as it should all be theirs. I can't see our daughters being "angry" that their father gave their mother money. I don't understand this lawyer's unwillingness to do this saying it is unethical. At this point, I told his attorney that "instead of us looking at a real estate/estate planning attorney, I am now looking at moving out of the house".
7 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I think it may be time for you to get your own attorney to do two things. First, to sue him for what he owes you. Second, to get an order for custody and child support. Your "boyfriend" doesn't want to share and he is using his attorney as an excuse to do this. It may be possible the attorney said those things. It is also possible that your boyfriend made it up as an excuse. I would have no compunction putting a girlfriend/wife on the deed, nor would I have any compunction on putting you as the devisee in the will. It is true that your boyfriend will lose control of the bargaining position if he puts you on the house. So what? I know you think you love him but ask yourself if he has just become a habit. Sometimes you have to break bad habits. Regardless, you need to talk with a local family law attorney to see what rights you may have.
Answered on Mar 05th, 2014 at 4:33 PM
Bruce Provda
If your boyfriend disagrees with the advice of his attorney and still wants to change the deed he can seek out another attorney.
Answered on Mar 05th, 2014 at 4:33 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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There is really nothing you can do in this situation except suggest, strongly, that your boyfriend find a new attorney.
Answered on Mar 05th, 2014 at 4:33 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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A lawyer must advise his client about what he thinks is in his client's best interest; however, I wonder if your boyfriend is using his advice as an excuse. If not, find another attorney who will do what you and your boyfriend wish.
Answered on Mar 05th, 2014 at 4:32 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Sounds like this attorney doesn't know what he's talking about. You've lived in a marriage like relationship for 12 years. Were you to ask a court in WA for a dissolution of this relationship (often called a palimony suit), your relationship would be treated as analogous to a marriage and the house along with other assets/debts would be divided. You need to find a lawyer who lives in this century and maybe put together a domestic partnership agreement that either starts now or goes back to the date you started living together so that your future financial relationship is clear.
Answered on Mar 05th, 2014 at 4:32 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Your boyfriend needs a new attorney. If an attorney will not agree to do what the client wants (he can advise against it) he can be fired. If your boyfriend will not agree to hire another attorney its probably time to get another boyfriend (as you say) and to sue your boyfriend for the monies you invested in the house.
Answered on Mar 05th, 2014 at 4:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need counsel as to your rights and expectation from the law.
Answered on Mar 05th, 2014 at 4:31 PM