Property Issues/non-marital

[poniegirl]

Okay, I need some input:
I don't want legal advise to enter in, here, just gut feelings.
If a couple consider themselves life partners, have been together for a substantial length of time, yada-yada..They buy a house, but only in one partners name. They both work to support this household, but one physically pays the

[hr]
, the other pays the other stuff..power, gas, food, etc..
Is the non

[hr]
payer helping the

[hr]
payer build equity simply by contributing to the household?

 

[nigerbang]

yes..if the person not on the note is help make the house afforadable then they are helping the other persons credit go up..

 

[cowfishrule]

its called common law marriages.
while the house is in one's name, if the other can prove that utilities and expenses are being paid by the other, then i think you might have a case.
did something go wrong?

 

[pontius]

the original poster said "life partner", which I would assume means either 2 women or 2 men. no, it is owned by the payer and would likely go to their family when they die. probably be that way even in a heterosexual relationship since there would be no in writing proof that a 'common law' relationship existed. but I believe 2 people can

[hr]
a house together whether they're married or not.

 

[poniegirl]

Life partner, in this instance, is hetero..either way, tho.
Again, I just want to know what folks think about this. Not to the point of survivorship, just from the standpoint of contribution.

 

[pontius]

I think either way, the person whose name is on the

[hr]
is the one who owns the house. I have a friend who owns a house with his girlfriend, so I know you can go about it that way.

 

[beth]

Originally Posted by Pontius
I think either way, the person whose name is on the

[hr]
is the one who owns the house. I have a friend who owns a house with his girlfriend, so I know you can go about it that way.
Yes, whoever holds the deed or is officially buying the house "owns" that house, which means if the couple break up, the house goes to the "owner" and the other person has no legal claim whatsoever, even if that person paid the

[hr]
.
Yes, to your question about building equity, however that person (the person not legally on the deed) will have no leg to stand in terms of the property, if they break up.

 

[catawaba]

Yes, albeit indirectly.

 

[poniegirl]

Lovely.
Thank you all for your replies, I appreciate it!

 

[1journeyman]

This probably varies from state to state?

 

[dogstar]

Originally Posted by PonieGirl
but one physically pays the

[hr]
, the other pays the other stuff..power, gas, food, etc..
Is the non

[hr]
payer helping the

[hr]
payer build equity simply by contributing to the household?
legaly, no...but you said that that was not what you where asking....IMO, morally, yes....
One partner seemed to use/have half of what the other was buying/paying for.

 

[poniegirl]

Originally Posted by Dogstar
legaly, no...but you said that that was not what you where asking....IMO, morally, yes....
One partner seemed to use/have half of what the other was buying/paying for.
:thinking:
Thank you for the word "morally", Dogstar. I guess that is the reaction that I'd like to know.

 

[1journeyman]

Originally Posted by PonieGirl
:thinking:
Thank you for the word "morally", Dogstar. I guess that is the reaction that I'd like to know.
Ahh... Dogstar makes a great point. From a morally, ethically standpoint heck ya.. Any property purchased during the "partnership" should be split 50/50 (as should any debt...)

 

[30-xtra high]

i wouldn't consider them life partners till they're married...
if it is a heterosexual relationship, and apparently the two love each other than the person physically paying wouldn't cause problems for the utility payer.
paying the utilities is considered putting money into the house cost,(i only know this because my parents are realators who deal with mortgages)
which gives the utility payer SOME rights to what happens to the house. paying the utilities gives the house payment payer money to worry about paying the house payments instead of utilities, i hope you could follow this, and hope this helped.

 

[ruaround]

Originally Posted by Pontius
the original poster said "life partner", which I would assume means either 2 women or 2 men. no, it is owned by the payer and would likely go to their family when they die. probably be that way even in a heterosexual relationship since there would be no in writing proof that a 'common law' relationship existed. but I believe 2 people can

[hr]
a house together whether they're married or not.
youre right... common law no longer exists in most states... morally the person paying the

[hr]
should have half and the person doing the home keeping half of the equity... but (i have gone through this personally) the person on the

[hr]
has the legal rights to any equity...

 

[poniegirl]

I think what I am getting is that it really does boil down to an entirely morality/humanity vs legal/capital issue.
The legal-ese replies have stated in favor of the note holder.
The moral-ites have gone the middle ground. Both people are equal.
That is very interesting, don't you think?
Again, thank you..just working some things through.

 

[taz_12777]

I think morally both are equal in the whole regards to the house hold, fifty- fifty just one fifty goes to the morgage the other fifty goes to everything else. The other issue is whether there was an implied "contract", I'll pay the morgage and you pay the bills. If this has gone on for a while then you may be able to have grounds to get something. Another issue would also be on how the taxes were paid, (state, fed., local,) if your name appears on any then that would deffinetly help.

 

[scubadoo]

Originally Posted by PonieGirl
I think what I am getting is that it really does boil down to an entirely morality/humanity vs legal/capital issue.
The legal-ese replies have stated in favor of the note holder.
The moral-ites have gone the middle ground. Both people are equal.
That is very interesting, don't you think?
Again, thank you..just working some things through.
Unfortunately what may be morally right...could be contrary to law. Should things go south and it becomes a legal issue...usually morals will take a back seat to law.
There is a very fine line between love and hate...once hate kicks in morals usually get thrown out the window.
If you are looking to portect your investment...refinance and place your name on the

[hr]
. If not....you could end up with nothing.
Once you get burned...you learn to plan for failure...and to protect your investment legally.
Although you did not ask for legal advice....that's just what you'll need should things not work out. So....you have to plan for that day....and sometimes it's tough to do as we all are sometimes blind to what could happen.
It really is sad when you have to plan for failure in realationships...but when they do fail....you're thankful you did.
AS you can tell, my objectivity is somewhat skewed in one direction. probably best to ignore it...but I feel better stating it.

 

[scubadoo]

Originally Posted by 1journeyman
This probably varies from state to state?
Here's How:
Currently, common law marriages are recognized by: Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah and Washington, D.C.
Generally, there are four requirements for a valid common law marriage. Just living together isn't enough to validate a common law marriage.
Requirement One: You must live together.
Requirement Two: You must present yourselves to others as a married couple. Some ways of doing this are by using the same last name, referring to one another as husband or wife, and filing a joint tax return.
Requirement Three: Although the time frame is not defined, you have to be together for a significant period of time.
Requirement Four: You must intend to be married.
In the U.S., every state is Constitutionally required to recognize as valid a common law marriage that was recognized in another state.
The short of it....

 

[scubadoo]

If other non-married couples are interested...I HIGHLY recommend this book...sorry to post legal stuff here...but others may be interested...my last contribution...best of luck Ponie,...sorry if I gave you advice you were not looking for...thought others may have some use for it...
Living Together: A Legal Guide for Unmarried Couples
by Attorneys Ralph Warner, Toni Ihara, and Frederick Hertz (2006)
NEW! 13th edition now available!
This user-friendly book is the best legal guide we've seen for unmarried partners. It contains chapters on renting and buying a home, parenting issues, wills and estate planning, sample living together agreements for a variety of situations, and countless other legal issues. The book comes with a CD-ROM (compatible with PCs and Macs) containing forms you can use and modify for your situation. The 13th edition is updated with all the most current information for people in unmarried relationships.