Legal Question in Real Estate Law in Florida
good morning, Im buying a home with my boyfriend and i want to know where can i can a legal agreement form so incase we end up breaking up, that way we both have equal rights to the home? can u help thanks
2 Answers from Attorneys
I think you should discuss your issues with an attorney that handles real estate and contract issues. The type of tenancy established at law when you purchase the house together may be enough to meet your needs, but it depends on the circumstances.
You need to see an attorney for this. I can't tell you how many times I have seen these types of deals go bad. Look at it this way. You are looking to make a 30 year committment (the most likely length of the mortgage) with someone that you haven't committed to being with next year. So, the potential problems at are inherant, the most problematic of which is whether either of you can individually afford the house. If you can't, and you break up, you see the problem. Financial suicide. If one of you can afford the house on your own, why even have the other on the title. If the reason is to "get something in return for what you paid" you have to realize that the balance of the mortgage goes to interest, taxes and insurance. Almost nothing for the next few years will go to principal. If you are doing this to share the equity if the property increases in value, remember that is non cash equity - only available if someone else buys the house - meaning it would have to be sold.
Either way, you will need to find a way to balance property rights, along with the likely potential for an exit strategy that neither of you can probably afford. You see the difficulty in this. Good luck, and each of you get an attorney to represent your interests (your interests conflict with each other) and maybe you can negotiate a fair agreement knowing your rights.
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