(Closed) Should an unmarried partner have rights to the house if name isn't on there?

posted 3 years ago in Engagement
Post # 2
Member
4096 posts
Honey bee
  • Wedding: August 2012

Why don’t you two discuss it together, and put something in writing?

Post # 3
Member
11133 posts
Sugar Beekeeper
  • Wedding: City, State

Better yet, why not discuss it with an attorney?

Post # 4
Member
9646 posts
Buzzing Beekeeper
  • Wedding: August 2012

Do not buy property with a boyfriend. Just don’t.

If you broke up and he technically owned half the house, you would have to pay him for his portion in order to keep it.

Post # 5
Member
9588 posts
Buzzing Beekeeper
  • Wedding: September 2015

If its under your name, and you pay the mortgage then no your bf does not have rights in a breakup. Make sure you are paying the morgage/taxes/insurance on it just so he has no grounds. He can do ultilities groceries etc.

And morally… no thats your house. Your ex boyfriend does not deserve half of your investments.

Post # 6
Member
1972 posts
Buzzing bee
  • Wedding: May 2016 - Sussex, UK

Westwood :  OP is the one buying the property.

 

Mlim :  So you already know  that the property would be legally yours and he would have no claim to it were you to split up? If you were to marry would that change? I don’t know what the laws are where you live.

Post # 7
Member
2542 posts
Sugar bee
  • Wedding: August 2012

Mlim :  Keep it in your name until you are married. If you put his name on the title and move in together after 5 years and if you are splitting all costs there will be no incentive for him to propose because what would that change? Keep a bargaining chip on your side.

Post # 8
Member
4539 posts
Honey bee
  • Wedding: September 2012

I disagree with the idea of bargaining chip, but I wouldn’t add his name until you are married for financial security reasons. (I’m not sure, but I think you can add someone to the title once you get married if you wish to at that time.)

Post # 9
Member
5950 posts
Bee Keeper
  • Wedding: May 2014

Mlim :  I’m a bit confused, are you asking what would happen if you are not married, but break up? The house is yours and yours alone so you would get to keep it. Morally, hmmm…. if it were me I’d still want to keep the condo and if it were a very amicable break up maybe help the guy find another place to live. Been there done that, sorta.

Now, if you get married and break up and his name is not on the house, he is still likely entitled to part of it. At least that’s how it is where I live. We also just put my name on the title recently.

You could definitely speak to an attorney.

Post # 10
Member
208 posts
Helper bee
  • Wedding: May 2013

Don’t put his name on, don’t let him pay the mortgage, property taxes, or maintenance- those muddy the waters.  If you want to be extra cautious, make a rental agreement with him.  As far as after you get married, it depends on your state’s laws, but you will want to consult wih an attorney and maybe consider a pre-nup.

my husband and I bought a house together before getting married and I was not concerned at all about having to split it in case of breakup.  That would be the least of my concerns.

Post # 11
Member
275 posts
Helper bee
  • Wedding: April 2017

I don’t know what the laws are in your state but generally if you aren’t married your partner would have no rights in a breakup. Morally, remember it’s his choice to do this. I wouldn’t feel obligated to give him anything or write him into my will, that is for husbands. I think you may be overthinking this a bit. Congrats on the condo! 

Post # 12
Member
154 posts
Blushing bee
  • Wedding: November 2016

Depends on the laws in your area, “common law” couples can have property rights without being named on title (they do in my area)

Post # 13
Member
8507 posts
Bumble Beekeeper

Mlim :  Morally? He’d be paying rent no matter where he lives if he can’t afford to buy his own place. Being in a romantic relationship with his landlord doesn’t change the fact that rent is rent. Please don’t overthink it and make yourself crazy! If you do end up married it won’t matter anyways.

Post # 14
Member
5159 posts
Bee Keeper
  • Wedding: January 2010

With all due respect, you need to talk to a lawyer where YOU live, not ask the bee membership, many of who are not lawyers, and those who are (like me) are not all lawyers wherever YOU live.

Where I live, unmarried ex-partners can in fact make a claim against the house even if they have not paid the mortgage, utilities, etc, and in your case it sounds like you intend to split bills. That can mean you have to buy him out, or the court could force a sale and a division of proceeds, etc. Couples can enter into legal cohabitation agreements to address this, however.

Post # 15
Member
9646 posts
Buzzing Beekeeper
  • Wedding: August 2012

I thought you were asking IF you should put his name on it or not.

If you are not married and your name is the only one on it, it is yours free and clear, assuming you’re in the US.

It’s no different than him paying rent until you’re married, IMO.

The topic ‘Should an unmarried partner have rights to the house if name isn't on there?’ is closed to new replies.

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