Common-law breakup: What will happen to the house if owned by parents.

[George The Curious]

If you own the house, the common-law partner can lay claim to half of it.
But if your parents or family member owns the house, and two of you simply rent it? Then the house will protected?

 

[Smallcock]

I think the house in protected in that case. You and your common-law partner are simply tenants with no ownership stake in the house. Breakups happen all the time among tenants, I don't think this scenario is any different.

 

[managee]

If you own the house, the common-law partner can lay claim to half of it.
But if your parents or family member owns the house, and two of you simply rent it? Then the house will protected?

As far as I know, the common-law partner participates in the growth in value of the asset during their cohabitation period. So she’s entitled to half of the growth. Unless she pays you rent (even $1 a month), then she’s a tenant. If she marries you I think she can claim it as her marital home and immediately owns half after moving in.

If your parents legit own the place (you didn’t save the money yourself while she was living with you, then gifted it to your parents), she isn’t entitled to it at all. Probably safer to make you both pay rent...

 

[TeeJay]

In general rental property is non issue regardless of who owns it

Now rental property to hide income / assets etc is going to get taken by court
So question is are you guys legit renting it or was it just stay with parents while save to buy a home?

 

[Ref]

I think each partner gets a parent.

 

[George The Curious]

So I also have to pay rent to my parents? If I just live there for free, and my common-law partner pays rent?

 

[George The Curious]

In general rental property is non issue regardless of who owns it

Now rental property to hide income / assets etc is going to get taken by court
So question is are you guys legit renting it or was it just stay with parents while save to buy a home?

No parents don't live there. The house would be a 2nd house owned by parents, as a rental property to me and my common-law partner.

 

[managee]

No parents don't live there. The house would be a 2nd house owned by parents, as a rental property to me and my common-law partner.

I still think TeeJay’s point is valid.

Is this being done to hide/shelter your assets from her in some way? Not much you can do about that which guarantees success AFAIK.

 

[TeeJay]

I would be very concerned if it was your parents house and ONLY she paid rent
Make sure to discuss that with lawyer but I would be very nervous if I were you

Are you sure this is parents house?
Are you moving out same time that the ex does?
Do either of you have a written lease?

Did parents ever rent this home to anyone else before or after you?
Was this house purchased by parents for you or for you + ex?
Did either of you help with downpayments / mortgage / home improvements etc

 

[George The Curious]

I would be very concerned if it was your parents house and ONLY she paid rent
Make sure to discuss that with lawyer but I would be very nervous if I were you

Are you sure this is parents house?
Are you moving out same time that the ex does?
Do either of you have a written lease?

Did parents ever rent this home to anyone else before or after you?
Was this house purchased by parents for you or for you + ex?
Did either of you help with downpayments / mortgage / home improvements etc

Yes, I am sure this is my parents home. They purchased it and under their names.
Sure I can move out at same time.
Yes, there is written lease.
No it was never rented out to anyone else.

It was a cash purchase, no mortgage, no upgrades or improvement.

 

[Smallcock]

So I also have to pay rent to my parents? If I just live there for free, and my common-law partner pays rent?

Did your partner sign a lease agreement with your parents?

 

[Smallcock]

I would be very concerned if it was your parents house and ONLY she paid rent
Make sure to discuss that with lawyer but I would be very nervous if I were you

If that's the case, he might owe her rent, but neither have rights to the property/house at all.

Obviously speak to a lawyer to know for sure, but I don't think it's as complicated as it seems.

 

[Smallcock]

Yes, there is written lease..

Does the lease have both you and your partner's name on it or just hers?

If it has both your names, you might owe her for 50% of rent that you never paid. You might still owe her even if it only has her name. Check with a lawyer.

But your parent's home is safe and sound since they own it. All material goods inside the home (furniture etc. that you purchased with your ex) accumulated would be divided up.

 

[The "Bone" Ranger]

Since your parents bought from their own resources I don't see the issue?

Yes, I am sure this is my parents home. They purchased it and under their names.
Sure I can move out at same time.
Yes, there is written lease.
No it was never rented out to anyone else.

It was a cash purchase, no mortgage, no upgrades or improvement.

 

[sempel]

If you and your spouse pay rent (don't think it matters who actually pays it), it's a rental. So I think it would never fall under the asset group that the spouse has claim to. Definitely different if you are just living there. There's certainly some advantage to it for you and your spouse if no rent is being paid. I think the issue would be how to prove that you essentially weren't gifted the place. Sure the names on the deed weren't changed but you live there and don't pay rent so you on some level own the place.

Hopefully the lawyers can tell us.

 

[Samranchoi]

Nothing will happen to the ownership of the home. The only important thing is who is on title of the property. Since it is only the parents, there is nothing to worry about should a break up occur. The non family common law individual has no legal right to the ownership of the property.

Now if you are buying a home together with a common law spouse and your parents are giving a rather large "gift" for the down payment, you may want to have your parent register that on title so that if a break-up does occur, it will need to be paid back. That way, the non family member of the common law relationship will not obtain the full benefit of the gifted funds. I have seen this many times

 

[jackal2006]

Wow so many ways to be screwed and in not a hobby fun kind of way. I guess the morale of the story is don't bring strange women into your home cause the court system is stacked against you if you do. Id hate to see a parent buy a house give it to their son and see the ex just take it. Wow. I know statistically there has to be good men and women out there but it seems so many are mean spirited and makes trying to get into a relationship a losing preposition.

I'd like to buy a house soon. Should I put it in my mother's name even if I saved the money so no woman takes it easily? Advice?

 

[apoptygma]

I'd like to buy a house soon. Should I put it in my mother's name even if I saved the money so no woman takes it easily? Advice?

Don't let her move in, and there is no way the woman can take it.

 

[TeeJay]

If that's the case, he might owe her rent, but neither have rights to the property/house at all.

Obviously speak to a lawyer to know for sure, but I don't think it's as complicated as it seems.

He might owe her more than rent, esp if parents do not make a concerted effort to rent it after he leaves
No she will never own the house or an interest in the house (so long as he does not)

 

[TeeJay]

I'd like to buy a house soon. Should I put it in my mother's name even if I saved the money so no woman takes it easily? Advice?

Thats kind of what I am worried OP did
If ex's lawyer can prove something like that you in big doo doo

There is a an issue if your parent helps you buy home (eg your credit sucks) or you give your parents cash and they buy home for you