Legal Question in Real Estate Law in Minnesota

Real estate ownership

My boyfriend has purchased land from his father. The area is in a section of their family farm. We plan to build a home on this land and the home will be put into both of our names. The land itself, however is in his my boyfriend's name alone (he bought it). If something were to happen to him or if we were to seperate, would I have any claim to the home, being that my name is not on the land it is built upon? Should I insist that the land, not simply the house, be put in my name as well as his?


Asked on 3/02/04, 5:13 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Real estate ownership

Unless the house is going to be a mobile home, for which there is a separate title certificate, I know of no way to do a title to a house which is separate from the land it sits on. The person who owns the land owns the house. You guys have an interesting idea, but I don't think it can be done.

What happens if you separate. Well, in Minnesota there are palimony actions. The technical term is unjust enrichment. You contribute to the value of the place by living there, working on it and paying some of the expenses. Or you are so inspirational that just being there helps him accumulate value in the place. Either way, the theory goes, it's unjust for him to not pay you off in some way if you separate.

The palimony laws are pretty unreliable and if I were you I would not want to count on it. The gays and lesbians are fussing over marriage for a reason. Marriage confers important rights. Either marry the guy or get part ownership. Don't be so easy.

Good luck

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Answered on 3/03/04, 11:19 am


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