If something happens to my boyfriend what will happen to our house?

Question

My children and I have recently moved into a new house that my boyfriend bought for us all to share.  My name isn't on any paperwork what legal rights do I have if something should happen to him?

Robert Long · Answer

In California, if the property is held by him with others as joint tenants with right of survivorship, then the surviving tenants receive his interest. Otherwise, his property would go to whomever he leaves it to in a will or, if it has been transferred to a trust, wherever the trust directs it to go after his passing. If he has no will or trust, the property goes to his heirs according to the laws of intestacy.

Paul Nidich · Answer

Almost none.  Why is the house solely in his name?  Has he paid for it with only his money?  Have you discussed this with him?  Does he have a will?  Are you in it?  Find out.  You may not want to be in that relationship.

Darin Christensen · Answer

You have no significant legal rights unless you are on title or included in his will.

Thomas Edward Gates · Answer

You should do a quit claim deed and have you added to the title.

Carl Silver · Answer

The house will go to your boyfriend's heirs. Not you or your children.

Gerald Bagazinski · Answer

You will not have any legal rights to the house unless you are provided for in your boyfriend's will or trust.

Shadi Ala'i AlaiShaffer · Answer

Be careful! You have NONE. You need to talk about options for your protection and security. More importantly, he needs a Trust (a Revocable Living Trust and complete estate plan) to direct what happens to the home and his things (and money) if he becomes incapacitated or passes away unexpectedly. More importantly, regarding your question he can direct that you can either have the home or stay living in the home, etc. This is really important for you and your kids. You should also consider having a will and designation of guardians for your children. Please seek legal advice to protect your entire family (he, you and the kids).

Dara J. Goldsmith · Answer

You have no rights absent being named as the Beneficiary in his Will, assuming no one else is on title.  You and he need to have a serious discussion.

Randy Harvey · Answer

You probably have no legal right to the house unless you contributed financially to its purchase, or if some of your children are his biological children.  Otherwise, you are just living in  his house, and if he passed away it would go to his heirs.  This advice is based on the limited facts that you have provided, additional facts may change the advice. We are not providing you legal advice, rather we are responding to your set of facts based on general legal principles. You should not rely on this information without consulting an attorney and providing the attorney with a complete set of facts. We provide a reduced rate initial consultation for $35.00, if you would like a more complete answer. We are not representing you in this or any other matter, unless and until you and we have entered into a written agreement for services.

Victor Waid · Answer

Your boyfriend can do one the following to protect you: Issue a grant deed from himself to himself and you as joint tenants, or transfer the property into a trust naming you as a beneficiary, or prepare a will naming you as the beneficiary of the will to receive the house. Right now, you are out on a limb which could be cut off voluntarily or involuntarily by death.

Monica H. Donaldson Stewart · Answer

If your name is not on the house and he has not taken steps to ensure that it passes to you upon his death (e.g. beneficiary deed, will, trust, etc.), then the house would pass to his legal heirs - presumably his children. If they are under age 18 at the time of his death, the court would likely need to appoint a conservator to hold the house until the children are old enough to own the property themselves. I would recommend that your boyfriend consult with an attorney who can help him explore his objectives and the options available to meet those objectives.

James Oberholtzer · Answer

If your name is not on the paperwork, you have no rights in the property. Upon his death, the house will got by his Will or to his legal heirs (not to you or your children).

Georges Shers · Answer

You likely will be out of luck and forced from the home.  You have no legal ownership rights in the house; since you are not married, you can not claim any property from being the spouse.  You would have to show that it was a gift to you but since he probably did not show on his tax return the gift and you have nothing to support the theory that it was a gift with no strings attached [such as you remaining with him] you are likely to lose such a claim.  The easiest way out is to get married; if he does not want to get married, that indicates to some extent how he views the relationship.

Brian Haggerty · Answer

None. He needs to make a will.

Brooke Ashton · Answer

You have no legal rights to the house or any of his property unless he names you as the beneficiary of the home in a will or trust. You should discuss this with him and consult with an attorney regarding this matter.

James Frederick · Answer

You would have no rights at all. The children, if they are his children, might have rights in the property. Upon your boyfriend's death, an interested party can apply to the probate court to 1) handle his estate, and 2) handle the estates of the children. That person would be able to decide what happens. It can make for a very awkward and unfortunate situation, if you do not have a great relationship with his family.

Edwin Fee · Answer

If you are not an owner of the house, then you have no rights regarding the house.  If your boyfriend is the father of your children, then the children would have rights regarding the house.  If he is not the father, then they have no rights regarding the house either.  Your boyfriend could create a will leaving the house to you.  If he doesn't have a will, then the house would pass according to the intestate statute (to your boyfriend's parents, if living; and if not, then to his siblings, if living; and if not, then to his nieces and nephews, if living, etc.).

Edward Armstrong · Answer

As it stands, you have no definite rights with respect to this house.  It would be simple for him to give you rights by having a quitclaim deed prepared retitling the house in his name and yours as joint tenants with right of survivorship.  He could, as an alternative, create a living trust and place the title to the house in the trust and make you and your children beneficiaries of the trust. He could have a beneficiary deed prepared and provide that you would own the house (subject to whatever he chooses to do with it prior to his death) on his death or he could have a will prepared and leave the house to you.

Dwight Tompkins · Answer

You really have no rights; as a girlfriend, you are not his heir.  If however, you are added to title as a joint tenant, or he designates you in his will or trust as the beneficiary of the ownership of the house, then you would have the legal rights either as a surviving joint tenant, or as the beneficiary of the will or trust.

Jayne Sebby · Answer

Unless you live in a state that recognizes common law marriage or unless there is some sort of a document (such as a will) transferring the property to you at the time of your boyfriend's death, you have no claim to the house.  You may have some claim in a few states if you contribute significantly to the mortgage payments or other household expenses.

Maura Curran · Answer

You have no legal rights under the intestacy laws.  Your boyfriend needs to add you to the deed or provide for you in his will.  Further, there may be prohibitions to leave his home to you, i.e. if he is married or has minor children.

Andrew Byers · Answer

You have no rights to the home if your name is not on the deed.

Gregory Herman-Giddens · Answer

Without a written agreement, you have no rights.  If your boyfriend is willing to sign an agreement, hire a lawyer to prepare it for you.  Do not rely on a written that you prepare yourself, as it will likely be insufficient.

Ben Liu · Answer

None in Michigan.  See if you can get on the title or be in the will or trust.

Kenneth Gold · Answer

None. I recommend both of you have estate plans which can change that if you wish.

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