QUESTION
Will my boy friend get anything if I purchase a house and we happen to break up in the future?
Asked on Oct 29th, 2013 on Estate Planning - California
More details to this question:
I am looking at purchasing my first house. My boyfriend currently lives with me so I am wondering if I am the one putting all the money up to get the place and he moves with me, would he be able to try and get half if we broke up?
14 ANSWERS
There are a number of issues here. First, make sure that the deed is only in your name as your sole and separate property. It would be even better if you set up a trust to own the house, with you as the trustee and beneficiary. It is a bad idea to shack up. Either get married or live apart. If you won?t take that advice, then have your boyfriend agree to pay rent. If he will, then you should probably hold the house in a Nevada limited liability company.
Answered on Nov 19th, 2013 at 9:14 PM
David Thomson Egli
Living with you or being your boyfriend gives him no ownership rights in your house. However, if he is regularly paying any part of the mortgage on the property or giving you funds with which you pay part of the mortgage, you should have a written agreement setting forth what his payments are for (rent, share of monthly living expenses) and that by making those payments, he isn't entitled to any interest in the property or right of reimbursement. Without a written agreements, someone, whether a boyfriend or not, could claim that the payments gave him some right in the property or a right to reimbursement. I am not saying he would win, but a writing would greatly discourage him from even trying. Also, don't deposit your funds into a joint account with your boyfriend.
Answered on Nov 04th, 2013 at 4:21 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not in Michigan under the current law.
Answered on Nov 01st, 2013 at 7:50 AM
Unless your boyfriend is on the title to the property, he would not legally be entitled to any portion of the property in the future. If you get married, he may be entitled to a portion of the property under certain circumstances.
Answered on Oct 31st, 2013 at 7:21 AM
So long as you remain unmarried and you use only your own money for the house, he will acquire no interest in the house.
Answered on Oct 31st, 2013 at 7:20 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Possibly, as the relationship may be classified as a putative relationship, meaning like a marriage, and he would be seeking one half of increase in value during the relationship. Suggest you seek consultation from a family law lawyer and seek a definite opinion, and whether you may need an agreement between the two of you waiving any interest to you he may or may not acquire as a result of the living arrangement.
Answered on Oct 31st, 2013 at 7:20 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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There is such a thing as "domestic partnership," kind of a quasi-marriage, and when it breaks up the breakup is like divorce. So, what you actually have here is a family law question, not estate planning. Don't use joint bank accounts with boyfriend, don't deed him any interest in the home. Have him pay utilities, you pay all property tax and insurance on the home, and all repairs and maintenance. In other words, don't let him spend a nickel that even looks like investment in the home.
Answered on Oct 31st, 2013 at 7:19 AM
3 Awards
No. If he is paying bills you should have an agreement that the bills he is paying, if any, merely constitute rent.
Answered on Oct 31st, 2013 at 7:18 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Generally not, as long as he is not on the title. If he makes payments on a mortgage, or pays taxes, etc., then he has an argument that he should be entitled to something. He has no inherent rights, however, as he would have if he were married to you.
Answered on Oct 31st, 2013 at 7:17 AM
No, he would not have any claim to the property. Even if you do decide to live together, protect yourself and your investment put the deed to the house in your name only and make all of the mortgage and maintenance payments yourself.
Answered on Oct 31st, 2013 at 7:16 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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As long as you don't put him on the title, he should not be entitled to any of the property.
Answered on Oct 31st, 2013 at 7:15 AM
2 Awards
No, as long as you are purchasing the house and are the only one on title. I would recommend a rental agreement between the 2 of you. I know it is not romantic, but it sets the expectations from the beginning. Nonetheless he has no legal right unless he has some way been involved in the purchase and/or is on title.
Answered on Oct 31st, 2013 at 7:14 AM
Keep the house as your separate property.
Answered on Oct 31st, 2013 at 7:13 AM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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If you put both of your names on the deed, he will own a fraction of the house. And he would still own that fraction if you broke up.
Answered on Oct 31st, 2013 at 7:13 AM