Apartment - Tenant v. Occupant rights? (Indiana) (wife, girlfriend, marriage)
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I am living with my girlfriend currently, but I am the sole tenant on the lease. She is listed as an occupant. I've been wanting to solidify my financial situation by preparing for some possible down-the-road possibilities. One is splitting up and moving out.
Here's the thing, I make a lot more money than her. I'm 22, she's 23. I have made about $70k since moving in here 1.5 years ago (I've worked one job), while she has made about $20k (she's worked 5 jobs). I have purchased most of the items we have (furniture, TV, electronics, car repairs for both of us, etc.).
She keeps bringing up a 50%-50% concept where we would split everything as it were a divorce. There's no way I would let that happen.
Aside from some form of cohabitation agreement, which I don't want to deal with, what laws or precedence dictates what's mine and what's hers? Is everything mine because the apartment is in my name solely? Is it split by a ratio of income? Or is it divvied up some other way?
Your questions really have nothing to do with renting but ownership of property.
I will say that generally speaking, what you buy with only your money, is yours.....even then, there could be contributory considerations.Anyhting you might buy for her exclusive use, may well be considered a gift.
It would take more information and a judge to decide these things.
If she is talking about splitting up property,and you're worried about it, I think I'd post this on the relationship forum instead of here.....sure doesn't sound like a very solid relationship to me.
If you were married, she'd be entitled to half of everything while you've been together. The apartment being in your name has nothing to do with it, except you'd be responsible for the rent until the lease was up. At this point, I'd settle for a mostly equal split of the property because she may be entitled to some of your savings.
I am living with my girlfriend currently, but I am the sole tenant on the lease. She is listed as an occupant. I've been wanting to solidify my financial situation by preparing for some possible down-the-road possibilities. One is splitting up and moving out.
Here's the thing, I make a lot more money than her. I'm 22, she's 23. I have made about $70k since moving in here 1.5 years ago (I've worked one job), while she has made about $20k (she's worked 5 jobs). I have purchased most of the items we have (furniture, TV, electronics, car repairs for both of us, etc.).
She keeps bringing up a 50%-50% concept where we would split everything as it were a divorce. There's no way I would let that happen.
Aside from some form of cohabitation agreement, which I don't want to deal with, what laws or precedence dictates what's mine and what's hers? Is everything mine because the apartment is in my name solely? Is it split by a ratio of income? Or is it divvied up some other way?
Thanks in advance!
A quick Google search says that Indiana does not recognize common law marriage in any shape or form and hasn't since 1958, which means she is entitled to nothing that wasn't hers before you moved in together or that she didn't buy herself during the course of the relationship. If you bought the furniture, it's yours. Same for TV, electronics, etc. That's my lay-person's understanding of the law. Don't hold me to it. If you're really concerned, spend an hour with an attorney. At your salary, you can afford it.
But even in states that do recognize common law marriage, cohabitation would still not mean that two people are common law spouses. They would have to file joint tax returns and do other things to present themselves to the world as husband and wife (ie., the woman change her last name to the man's). The odd part is that if you were in a state that recognized common law, and you did all the things required, you'd need a legal divorce!
FWIW, I think it's ridiculous that she wants 50% of everything. The only reason I'm not giving you a good one upside your head for even considering this is because you're young. But really, she's full of crazy on this. And nerve. Ugh. I might well kick her to the curb now were I in your shoes. Her sense of entitlement is revolting.
Hopefully you've kept the receipts for what you bought, (I'm talking the furniture, tv , car, etc)...those you should keep, as they are obviously yours.... the car repairs, I'm not so sure as that could be construed as something one friend may do for another, to help them out.
Doesn't work that way unless she can prove there was a verbal or written contract agreeing to such a split. That's why marriage exists. Without marriage, she doesn't get a dime ... unless she takes it and walks off with it.
I agree with you on everything he bought before they moved in together is his, but anything bought after is a gray area. While it will help if he retained receipts, she can claim she paid him back for half of it.
I agree with you on everything he bought before they moved in together is his, but anything bought after is a gray area. While it will help if he retained receipts, she can claim she paid him back for half of it.
No, it's not a gray area. If he bought the TV, it's his. They're not married. She's no more entitled to his things than any other roommate would be.
And while she may try to pull a fast one and claim that she paid for half of it, she'd better have her own receipt from him to attest to that. Otherwise, his receipt and bank/credit card statement are all a judge needs to know.
Like I said in the post that was deleted by the crybaby who complained to the moderator, posession is 9/10 th's of the law. If she walks off with the stuff, you're generally hosed. Cops don't get involved in domestic disputes when missing property is involved.
Which is why even if people are married, it's a good idea to be present when the other person moves out.
I went through that with my ex. He wanted to take the car, which was in both of our names with me as the primary, and said he'd bring it back when he was done. When I asked when that would be, he wouldn't answer me, so I picked up my keys, went out to the parking lot, sat in the car, and wouldn't budge. He tried calling the police and saying because his name was on the registration that he should be able to take it and bring it back at his leisure. The cop said, "Not while she's sitting in it."
He eventually had a friend come and pick him up. No way was I letting him take that car. His name was on the registration and insurance as well as mine, but I was the only one making payments on it, and I'd have been damned if he disappeared with it. In the end, we went and sold it back to the dealer together, and I got the money--which wasn't much because I never drove the thing and he used it for a sales job and put a ridiculous number of miles on it in the 2 years we had it.
Which is why even if people are married, it's a good idea to be present when the other person moves out.
I went through that with my ex. He wanted to take the car, which was in both of our names with me as the primary, and said he'd bring it back when he was done. When I asked when that would be, he wouldn't answer me, so I picked up my keys, went out to the parking lot, sat in the car, and wouldn't budge. He tried calling the police and saying because his name was on the registration that he should be able to take it and bring it back at his leisure. The cop said, "Not while she's sitting in it."
He eventually had a friend come and pick him up. No way was I letting him take that car. His name was on the registration and insurance as well as mine, but I was the only one making payments on it, and I'd have been damned if he disappeared with it. In the end, we went and sold it back to the dealer together, and I got the money--which wasn't much because I never drove the thing and he used it for a sales job and put a ridiculous number of miles on it in the 2 years we had it.
Nope. Never doing that again.
The problem again goes back to some of the other posts from earlier today, many of which were deleted.
The average American today doesn't have a pot to **** in. They have very little saved up and live on payments. Someone like me you would have no problem with, because if I owe money I pay it. Most other people are pretty squirrelly when it comes to paying what they owe.
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