Legal Question in Real Estate Law in California

Re: Buying home - does boyfriend have any rights to home in the event of a break

from a legal standpoint, you and/or your boyfriend can both protect your interests thru a separate contractual agreement regarding you and/or his interest in the home, or lack thereof should you two split down the road. if you would like further assistance or an attorney to draft such a contract protecting you and/or him, email me today with the specifics of what you want said or protected.

Re: Buying home - does boyfriend have any rights to home in the event of a break

He could claim that you had an agreement whereby he was entitled to a portion of the ownership of the home based on his contribution to mortgage payments.

It would be mubetter to have a written agreement, perhaps even a rental agreement, whereby it shows that he is paying rent to you, and you are paying the mortgage yourself.

No matter how you do it, a written agreement up front will save a multitude of headaches down the road.

Re: Buying home - does boyfriend have any rights to home in the event of a break

Here is a primer on real estate and cohabitation.

First, California recognizes common law in general; it is the foundation of our legal system, along with a bit of civil law inherited from the days of Spanish rule, plus a great many statutes which interpret, modify and often override the common law. What you mean is that California does not recognize common-law marriages, which is correct.

Second, there are two kinds of 'title' recognized in property. 'Legal title' is what appears on the records down at the courthouse, showing, for example, X as the owner of Whiteacre, or Y and Z as owners by tenancy in common of Blackacre. The concept of 'equitable title' is somewhat abstract and refers to who ought, in fairness, to be the owner. Legal and equitable title can be held separately; for example, between execution of a contract of sale and the closing, or when someone gets their name on title without having paid for the property with their own money.

It can be very important who provides the down payment. The person who pays the down payment money may get equitable title despite taking legal title as co-owners (e.g. joint tenants or tenants in common). This is due to an equitable doctrine called 'purchase money resulting trust,' under which it is assumed that the person who gets legal title holds such title in trust for the person who put up the money.

Purchase money resulting trusts don't arise out of making mortgage payments. If your boyfriend makes some or all of the mortgage payments, but you both paid 100% of the down payment, took title as the sole legal owner, AND had no written agreement giving him a part interest, it is very unlikely he could ever successfully assert a claim for part ownership based on making mortgage payments. A court would probably treat them as rent.

Since the famous 'palimony' case of Marvin v. Marvin, California courts will hear cases involving former cohabitants. They don't apply family law, as in a dissolution of marriage, however. They apply ordinary contract and partnership law principles. Your living together arrangement would be treated as a business deal, or a package of interrelated business deals. Some consideration would probably be given to who paid the bills, who did the housework, who made sweat-equity improvements, etc.

A written contract is a very good idea, because litigation between former cohabitants is common. Another more upbeat way to look at it is, maybe the relationship will last your entire lives, and the agreement is for the edification of your heirs as to what we wanted. (Note: the agreement doesn't replace wills and trusts, to be sure.)

I assume you are in Napa and it would be convenient to represent you, if you wish.

Re: Buying home - does boyfriend have any rights to home in the event of a break

You should have a written agreement if he will be contributing to the mortgage payment--he could claim an ownership interest, so the agreement should be clear about whether his payments are rent or buying an ownership interest.