Ideally, people who buy property together will meet with an attorney and draw up a partnership agreement. People don't like to do this, because it can stir up disagreements, but they're better dealt with at the beginning than at the end!
Typically, you would have no rights to the property if he dies or is incapacitated. If he dies, the line of inheritance starts with his family - children, parents, et cetera. That's typical. If he is incapacitated, his family may have rights that you don't have, which isn't especially good news for you.
Conversely, if you should die, having no ownership in the property, your family would have no claim to the property, either.
I think that people who buy property together should have a formal agreement that deals with succession and dissolution - what happens if one of you wants or needs to sell it in ten years? Sure, it may not happen, but what if your family looks to you to pay medical bills for a niece or something?
This is true for anybody who buys a house with another person who is not their spouse, not just for people living together.
So, tell the boyfriend that it's time to get serious - that you need to draw up a formal partnership agreement concerning the house, and that the two of you need to have wills written up. Because, you are now people with Estates, and that's what people with Estates do.
All the best,
If your name is on the deed & he dies you'll have a right to pay for the home, but if you can't qualify for a mortgage you'll be out of the house.
So...make sure he has insurance with you as the beneficiary AND you're on the deed.
I agree with the others, as well. This is definitely a legal question and so you should seek advice from an attorney.
C2 Financial Corporation
I'm not a lawyer, so what follows is not legal advice . . . just some observations and some issues that you might want to raise with your attorney.
First, it's possible that in some states, if you meet certain conditions, your relationship might be deemed a "common law" marriage. In that case--again, depending on the particular state, you might have some rights. However, don't depend on that. In fact, don't assume that at all. Assume that the courts would view you as two unrelated adults. Period.
The fact that you pay half the household expenses doesn't count for anything. The fact that you will be paying half of the monthly mortgage also doesn't matter from an ownership standpoint. In fact, even if you were on the mortgage, it wouldn't matter. Ownership is based on who is on the deed.
If your name were put on the deed, it would depend on how it was titled: tenants in common, joint tenants, etc. A lawyer can explain the differences and which would be best for you.
Another option to explore is your boyfriend's will. Even if you're not on the deed, your boyfriend could specify in his will that you will inherit the house. But check with a lawyer on how to best do that. Still, that's one way (if one of you, or both, is reluctant to get married) to have the house come to you.
Still another option is to set up a trust. There are a couple of different structures this could take--a simple living trust, a land trust, etc. An estate planner probably would recommend the former. In either case, though, what happens is that the property is put into the trust and, if certain conditions were met (in this case, a death) the property could flow to the other party. A trust may also offer some tax advantages.
Anyhow, it's too complicated to tackle yourself. But go to a good lawyer (preferably someone involved in estate planning) to take care of the matter.
Hope that helps.
After 9 months I started dating and met this person and lived with him as a couple in my home for 20 years, we both were paying bills.
No income tax together, no bank account together, no credit cards together.
All mortgage payments have been made with my checking account.
We are splitting up and I know I am not entitled to anything because of the Florida Common Law.
Can he have any rights to my home?
I've purchase my home before meeting him and starting living together and the Deed is only on my name.