Legal Question in Real Estate Law in Florida
My boyfriend and I are buying a home, paying cash, however his name will not be on on the deed, just mine. We are both paying half. What legal rights does he have with the property. Can he decide he wants his half back or make me sell?
1 Answer from Attorneys
Absent a written agreement signed by both of you and creating some form of interest in the home in exchange for the money he is contributing to the purchase price, his provision of those funds to you would be regarded as a separate transaction from your purchase of the home, and he would not acquire any interest in the home as a result. In essence, his provision of the funds would be regarded as an unsecured cash loan to you. In order for him to acquire any interest in the land, he would need either to have his name on the deed, or to have a signed agreement by you granting him some form of mortgage, security interest or guaranty pledging your interest in the property as security for the repayment of the loan. The only other potential avenue for him to acquire an interest would be if you and he had lived together and held yourself out to essentially be a husband and wife for a sufficient period in a state which recognizes common law marriage such that upon your acquisition of the property, he might might argue it became a marital asset. Although Florida does not recognize common law marriages arising asa result of co-habitation partnership of unmarried persons living in Florida, it does recognize the validity of such common law marriages that are deemed to have been created under the laws of states where common law marriages are recognized.