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megtownson | Legal protection for boyfriend moving in? |
My boyfriend is going to move in with me in about a month's time. We've discussed the fact that he'll have no interest in the property that I've owned for 5 1/2 years - and he's willing to sign an agreement to reflect this. I was going to buy a tenancy agreement, where I would state how much rent he's paying etc. Would this suffice to protect my property in the event of a future break-up. Not that I think he would ever claim half of it, but you never know... |
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The Rabbi
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He can't acquire legal interest because he lives there. Make sure everything is in writing about his financial obligation. If he doesn't look like great marriage material, don't live together. |
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bronnimoose
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I work in property law and you should get a solicitor to draw you up a simple declaration of trust. Its advisable these days and very popular. It will protect you for the future and doesn't cost very much to sort. |
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Lady D
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The most important factor here is, Do you live in a common law state? If you do, then his moving in might create a marriage you weren't planning on, in which case a lease may be useless. As your spouse he would have as much right to the property as any other spouse. (Some states however are not community property states and a wife can own property without automatically granting her spouse rights to that property.) If you do not live in a common law state a lease is perfectly acceptable. Be careful how you word it however. Plan for the worst. What happens when you write him a year lease and break up 6 months later. So long as he continues to pay the rent specified in the lease he would have the legal right to remain in your home until the lease expires, with full rights as a tenant. That means he could bring his new girlfriend home and have sex with her on your couch and you couldn't do a damn thing. Make any lease month to month. That way, if you have to kick him out later you can. |
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wiscman77
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Even though you are not married, it is possible for him to tie up the issue for a long time. It would be better if he authored a "Quit Claim Deed." This is a document that states - very legally - that he has no interest, or claim - in your property. For the most part, it is a one page document, and your local broker can get the ball rolling on that.
Depending on what state you are in, a rental agreement may be a good idea or just a waste of time.
Good for you in being pro-active. |
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thefinalresult
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Good this gives you a month to make an appt. with an attorney to draw up a mutual agreement and contract of habitation.
You have it say that what's yours is yours and what's his is his. If you rent, talk to your property owner about not having him on the lease as if he is on the lease, at least in my area you can't just kick him out you have to give him notice and it's a mess. He also in most areas will have "squatters rights" even if he is not on the lease.
But all of this can be handled with a good attorney.
I did one a few years ago and it only cost $150.00 was a one page document and would strongly suggest you make an appt. to meet with an attorney. My first visit was 70 and then I went back and it was 150.00 so it was a total of $220.00 but well worth it to me. |
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JOHN B
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talk to your solicitor. |
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pen411
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Depending on where you live, his legal interest is likely limited to the fact that it is now his domicile and you cannot just 'kick him to the curb', but will have to go through legal procedures to have him evicted if he chooses not to leave when you ask him to.
You're looking for a pre-nuptial agreement without the nuptials. :)
You're smart though to at least be checking in to it, people change when they get dumped. |
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confucious says
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be careful new legislation is in the pipeline to give the same rights to co-habitees the same rights as married couples so at sometime in the future your boyfriend would be in fact entitled to half even with a legal agreement. the British courts do recognises pre nup agreements and it will be the same for co-habitees |
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valf
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I believe that the common law man and wife issue relates to cohabiting after a 6month period but I strongly suggest you double check this. He would have to prove that he has made some form of financial commitment but i am unsure if a prenuptial is worth the paper its written on......Usually if you see a solicitor the first 30Min's is free that's if your based in UK....Its better to be safe than sorry as everything is usually OK until a split happens then it can seriously cost money.....Wore the t shirt lol...I would think that the rent issue sounds good as you must either have a rent book or give receipts for payment........I know this sounds very untrusting but I was seriously stung after 15yr relationship and we were not married....so keep all financial separate and take it from there..... |
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BTB
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New legislation has been introduced into the UK on this. You really need to take legal advice on it. |
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Bob J
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You aren't married, so anything he hasn't payed for himself he isn't entitled to if you break up. |
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crazyem
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But if it's yours, this is irrelevant. He can't claim half of your property. Maybe maybe rarely if you are common-law, but that takes a long time and most states have done away with it, so he really doesn't have much to stand on. But if you are charging him rent, please make it legal so he can atleast get the protection of basic renter's rights. |
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♥ HOPE ♥
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I really don't know the legalities of all this...but please be careful love....I would hate to see you losing out |
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