Ask Experts Questions for FREE Help !
Ask
    Saanum's Avatar
    Saanum Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 17, 2008, 08:17 AM
    How do we divide property
    I have lived in a common law relationship now for 4 years. We have bought a house together... he has put a lot of money into the house for renovations, etc... I maintain bills as well. The house is in both our names.
    If the relationship was to expire... what are my rights as far as my equity out of the house.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #2

    Jul 17, 2008, 08:22 AM
    Keep all receipts. A lot may depend if your state goes by common law.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jul 17, 2008, 08:24 AM
    If you bought the house together and both names are on the deed then you each have an equal share.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    Jul 17, 2008, 08:29 AM
    Quote Originally Posted by Saanum
    I have lived in a common law relationship now for 4 years. We have bought a house together...he has put a lot of money into the house for renovations, etc...I maintain bills as well. the house is in both our names.
    If the relationship was to expire...what are my rights as far as my equity out of the house.

    Your common law rights - time frames and if common law even exists - vary by State.

    Otherwise you own property jointly and have the same rights as if you owned it jointly with anyone else.

    States which recognize common law are: (other States do recognize common law over a longer period than 4 years or recognize common law marriages which started in a State which DOES recognize common law):

    Alabama
    Colorado
    District of Columbia
    Iowa
    Kansas
    Montana
    Oklahoma
    Rhode Island
    South Carolina
    Texas
    Utah
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #5

    Jul 17, 2008, 08:40 AM
    What I was thinking is for it to be 50/50 it would have to be a common law state
    But if they prove their share of investments then it would be divided more along a partnership or something?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Jul 17, 2008, 08:58 AM
    I don't think the common law issue comes into play here. It might come into play if one party was not on t he deed. But as long as both parties are on the deed, then they have an equal share in the property. Where the common law aspects might come into play is if he is claiming that he made a much greater investment in the property. In that case, he MIGHT (longshot) be entitled to a larger cost basis. For example, lets say they paid $200K for the house and he put $25K in improvements. His cost basis might be $125K and her's $100K. If they sell the house for $300K then he gets $125, she gets $100 and they split the remaining $75K.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #7

    Jul 17, 2008, 09:57 AM
    Quote Originally Posted by ScottGem
    I don't think the common law issue comes into play here. It might come into play if one party was not on t he deed. But as long as both parties are on the deed, then they have an equal share in the property. Where the common law aspects might come into play is if he is claiming that he made a much greater investment in the property. In that case, he MIGHT (longshot) be entitled to a larger cost basis. For example, lets say they paid $200K for the house and he put $25K in improvements. His cost basis might be $125K and her's $100K. if they sell the house for $300K then he gets $125, she gets $100 and they split the remaining $75K.


    Umm - I don't know. Could get tricky. Was there an agreement? Did he pay the repairs and so she paid the electric? Married divisions of property are brutal; unmarried are even worse.

    If we agree that you are going to pay for household repairs and in exchange I am going to pay the utilities (and it could be the other way around), should you get your money back and I don't - ?

    Good points but I don't honestly know how a Court would decide.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Jul 17, 2008, 10:05 AM
    Quote Originally Posted by JudyKayTee

    Good points but I don't honestly know how a Court would decide.
    Neither do I. I only mention it as a possibility.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

What is the differnce between a physical property and a chemical property? [ 1 Answers ]

I have a question on my science homework that says something similar to this.. help me:confused:

Property Taxes on Property sold for estate settlement. [ 1 Answers ]

We have sold property in Indiana that will be part of and estate settlement. The property sold for less than $100,000. The money from this property will be divided between the 6 children. What taxes will be owed for the sale of this property?

Whether the speed of broadband divide in client server connection [ 3 Answers ]

I will be very pleased if anybody could tell me that when we connect two computers by LAN than whether the speed of the broadband will divide or not. I mean for example if it is 128kbps. After connection will it remain same in both the computers or will it divide to 64kbps.:confused:

How to divide Proceeds [ 3 Answers ]

My question involves my mother's recent death and the proceeds. Me and 2 other sisters paid her bills until probate was finished. We also sold her property and divided 3 ways but did not subtract the monies we each paid in for her bills. She also had a car that we sold for $5,000 and I actually...


View more questions Search