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My boyfriend is moving into my place in a few months. It's a two-bedroom co-op apartment that I've owned for 11 years. My plan is to continue paying maintenance, utilities, and cable as I have been (I can afford them). He still owns a house, cars, and has one kid still in college, and I have various assets, a car loan, etc., so we will keep these things separate. Since we're going to be living together and not married, I'm not worried at this point that our assets and debts will somehow be combined -- other than the apartment. Therefore, my question:
If he helps me paint my apartment, or make repairs and improvements, while he's living here, does it become "his" apartment in any legal sense? Even without being married, if he is contributing to the value of the property, does he have any claim on it as far as sharing in the profit if we sell it?
He has fixed/improved the space while we have been living separately. I bought and paid for all supplies (brushes, tools, sandpaper, etc.) and would continue paying for any supplies.
I think it could be a possibility although it would be rare for someone to take this situation to court. If I were you I would consult an attorney to be sure. It may cost you a little, but may save you a lot in the long run.
My boyfriend owns the home we live in (it has been purchased since we've been living together, we househunted together, etc.) but the deed is in his name, the mortgage is in his name, and I contribute to household upkeep exactly as I did when I was contributing my share of the rent/utilities when we were renters together. My share of household expenses is put toward the mortgage and utilities, even though mortgage is not in my name. We have both paid for furnishings, supplies for home and lawn improvements, various appointments, etc. But I don't own the house. It doesn't matter that I'm volunteering to contribute to improving the property...it's not in my name. It's not like, if we split up, I'm going to take him to court over a bathroom vanity, garden tilling, landscaping mulch, and a pair of Adirondack chairs that we jointly purchased and painted together, you know?
Last edited by TabulaRasa; 05-25-2011 at 07:31 AM..
My boyfriend is moving into my place in a few months. It's a two-bedroom co-op apartment that I've owned for 11 years. My plan is to continue paying maintenance, utilities, and cable as I have been (I can afford them). He still owns a house, cars, and has one kid still in college, and I have various assets, a car loan, etc., so we will keep these things separate. Since we're going to be living together and not married, I'm not worried at this point that our assets and debts will somehow be combined -- other than the apartment. Therefore, my question:
If he helps me paint my apartment, or make repairs and improvements, while he's living here, does it become "his" apartment in any legal sense? Even without being married, if he is contributing to the value of the property, does he have any claim on it as far as sharing in the profit if we sell it?
He has fixed/improved the space while we have been living separately. I bought and paid for all supplies (brushes, tools, sandpaper, etc.) and would continue paying for any supplies.
If you purchased the property fully in your name, then it is solely yours. If your boyfriend lives there for 5 years, performs R&M, buys furniture for the house, it is still yours.
I believe that even if you get married, the property you owned before marriage is still your individual property.
If you purchased the property fully in your name, then it is solely yours. If your boyfriend lives there for 5 years, performs R&M, buys furniture for the house, it is still yours.
I believe that even if you get married, the property you owned before marriage is still your individual property.
According to my divorce attorney if you live in the house and have a vested interest (you dont necessarily have to live there) such as upkeep, repairs or have invested financially, you do have a right to interest in the property. This even covers inherited property.
My boyfriend is moving into my place in a few months. It's a two-bedroom co-op apartment that I've owned for 11 years. My plan is to continue paying maintenance, utilities, and cable as I have been (I can afford them). He still owns a house, cars, and has one kid still in college, and I have various assets, a car loan, etc., so we will keep these things separate. Since we're going to be living together and not married, I'm not worried at this point that our assets and debts will somehow be combined -- other than the apartment. Therefore, my question:
If he helps me paint my apartment, or make repairs and improvements, while he's living here, does it become "his" apartment in any legal sense? Even without being married, if he is contributing to the value of the property, does he have any claim on it as far as sharing in the profit if we sell it?
He has fixed/improved the space while we have been living separately. I bought and paid for all supplies (brushes, tools, sandpaper, etc.) and would continue paying for any supplies.
Why don't you put him on as a month to month tenant and have him pay rent with a simple rental agreement signed by both of you setting out all terms and conditions. If he effects repairs to the property you pay him for his hourly time and check on him as you would with any contractor, deducting same from his rent when applicable, and keep track of the supplies you pay for to effect those repairs.
This may sound cold-blooded but you're not married. If push comes to shove and the relationship doesn't stand the test of time, no judge is going to sift through who owns what and who did this for that based on an "understanding" or a "handshake deal". Your situation sounds secure financially. His with the house, cars, a child in college and no doubt either a still-wife or ex-wife or ex-wife-to-be, is way tenuous.
You''re obviously giving this a lot of thought. Keep thinking, set aside the emotions and protect yourself. You may have a match which seems proverbially made in Heaven but there's nothing wrong and absolutely everything right in protecting your assets. And there's no reason at all that he should baulk at such a legal arrangement. I wish you all the very best.
Unless common law marriage is legal in your state, you probably don't need to worry - much. However, a "Non-Marital Cohabitation Agreement" will protect you and can also be used to specify who pays for what in case a disagreement or misunderstanding occurs later. There are probably samples on the web if you google it, which is how I found the template for mine. We had one before we were married, and it was key in helping my SO get better benefits when she became temporarily disabled.
According to my divorce attorney if you live in the house and have a vested interest (you dont necessarily have to live there) such as upkeep, repairs or have invested financially, you do have a right to interest in the property. This even covers inherited property.
He is probably refering to financial compensation, so in the case of a divorce, you would have to pay the spouse X amount of dollars for the upkeep and repairs he's invested. I don't think he gets half of the property. I'm not certain tho . I'm in real estate but I don't do the legal aspects.
Unless common law marriage is legal in your state, you probably don't need to worry - much. However, a "Non-Marital Cohabitation Agreement" will protect you and can also be used to specify who pays for what in case a disagreement or misunderstanding occurs later. There are probably samples on the web if you google it, which is how I found the template for mine. We had one before we were married, and it was key in helping my SO get better benefits when she became temporarily disabled.
No way do either parties right now qualify for common law marriage status in any state which recognizes it. They haven't yet even moved in together and I question based on the OP whether he still remains married. Read the OP.
Quote:
Originally Posted by BKSnook
He is probably refering to financial compensation, so in the case of a divorce, you would have to pay the spouse X amount of dollars for the upkeep and repairs he's invested. I don't think he gets half of the property. I'm not certain tho . I'm in real estate but I don't do the legal aspects.
See above.
Quote:
Originally Posted by TabulaRasa
Even if it's one of the few states that does recognize common law, the designation still doesn't mean much, from a legal standpoint.
Not relevant at this juncture. See above.
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. I'm in real estate but I don't do the legal aspects.
