Posted on: 16th Mar, 2010 09:00 am
Hi, I am going through a bad separation, still living in same house have been with my partner 11 years and have two children under 10. I pay all bills and have always done, She has never had to work, She wants me out and her to keep the house. How do i stand?
difficult situation unless you have an agreement you laid out when you bought the home - two unmarried people don't have the legal rights that a married couple has.
will you continue to pay the bills? if so...why? it would make sense that if you'll vacate and she stays that she buy out your portion of the equity in the home, if any...ought to be a 50-50 split, ideally.
do you have a lawyer? does she? it's an excellent idea for you two to have legal counsel.
will you continue to pay the bills? if so...why? it would make sense that if you'll vacate and she stays that she buy out your portion of the equity in the home, if any...ought to be a 50-50 split, ideally.
do you have a lawyer? does she? it's an excellent idea for you two to have legal counsel.
Hi Mark,
Are both you and your partner listed on the title to the property? If you are listed on the title, you do have a right to the property and your partner cannot just force your out of the home. If you do not want to stay in the house, you can ask her to buy your out. Is there are mortgage on the property? If there is one, make sure you remove the name from the loan when you give up your property rights. Otherwise, you will be left with the responsibility of the mortgage while the property would legally be in your partner's name. Consultation with an attorney in this regard is no doubt the best possible option.
Are both you and your partner listed on the title to the property? If you are listed on the title, you do have a right to the property and your partner cannot just force your out of the home. If you do not want to stay in the house, you can ask her to buy your out. Is there are mortgage on the property? If there is one, make sure you remove the name from the loan when you give up your property rights. Otherwise, you will be left with the responsibility of the mortgage while the property would legally be in your partner's name. Consultation with an attorney in this regard is no doubt the best possible option.
but you cannot "remove your name from the loan" because the only way that takes place is if your partner arranges for a new loan to pay the existing one off.
If you're married, and living in a community property State, and going to get a divorce, the Judge is going to award her the house. And since you've been married for more then 5 years, you're going to have to pay spousal support too, in addition to regular child support.
It's going to be very painful for you emotionally, and financially. A much better solution is for the two of you to attend Family Counseling and learn to live together.
It's going to be very painful for you emotionally, and financially. A much better solution is for the two of you to attend Family Counseling and learn to live together.
touchy subject here...
raymond, the term "partner" used in the original post leads me to believe that this is either a same-sex or opposite-sex non-marriage arrangement. in either of those cases, the same principle applies. unfortunately, two people living together in a relationship who purchase a home together without the benefit of a legal marriage often find themselves in a bind - a major bind - if and when that relationship sours and heads to an end.
i've begun digging into that aspect of homeownership and found that there does exist some good advice on how to handle such a partnership when it comes to owning a home. hopefully, i'll be able to share it in a cogent fashion in the very near future. i'm working on it.
if that's the case here...a non-marriage co-ownership of the property, counseling may not be the cure. a lawyer for each party is essential, no matter what, however. if this is a partnership that is destined to resume and last, then a lawyer for the twain would work also.
raymond, the term "partner" used in the original post leads me to believe that this is either a same-sex or opposite-sex non-marriage arrangement. in either of those cases, the same principle applies. unfortunately, two people living together in a relationship who purchase a home together without the benefit of a legal marriage often find themselves in a bind - a major bind - if and when that relationship sours and heads to an end.
i've begun digging into that aspect of homeownership and found that there does exist some good advice on how to handle such a partnership when it comes to owning a home. hopefully, i'll be able to share it in a cogent fashion in the very near future. i'm working on it.
if that's the case here...a non-marriage co-ownership of the property, counseling may not be the cure. a lawyer for each party is essential, no matter what, however. if this is a partnership that is destined to resume and last, then a lawyer for the twain would work also.