Legal Question in Family Law in New York

living together

my boyfriend and i have been living together for one year in a house I bought. Mine is the only name on the house. We also lived together for less than one year in New Jersey in the past.

My question is: Can he ever try and claim anything I own? i own the condo we lived in in NJ (which i now rent out)and I own the house we live in now in NY. i have a substantial amount in retirment and savings accounts as well. I have no formal tenant agreement. he has given some money toward the mortgage payments but no where near the amount he would pay if he were ''renting.'' How am i sure to protect everything i own?


Asked on 5/19/05, 1:43 pm

2 Answers from Attorneys

John O'Donnell Attorney at Law

Re: living together

Since you are not married there is not much risk that he will be entitled to any of your real property. Based on the facts you provided, in a worst case scenario he could be entitled to recoup some/all of the money he has paid towards the mortgage. However, if he is living with you rent free, his payments could be considered rent.

I do not see any possibility that he would be entitled to your savings/retirement plans.

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Answered on 5/20/05, 5:59 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: living together

TO KEEP YOUR SEPARATE PROPERTY, (unencumbered) except that which you both decide is NOT SEPARATE PROPERTY, you need to keep accurate and complete financial (& "sweat equity") records.

You both should Continue to Maintain SEPARATE account/s and document everything re your home costs, purchases and maintenance, improvements, expenses, and so forth, in your registers.

When either of you pays a debt, gives money to or for the other, per request, necessity or understanding, repayment should generally be in the same form; and the money via check or cash should be specified on the deposit ticket. Or recorded on a invoice, bill or receipt.

To wit: a) "Sweat Equity: write "Bill" installed ceiling fans, paid w/ check#, on fan invoice/receipt. b) Money charged on the other's charge card, should be paid back by a check/cash deposited to the other's checking account.

The Everyday expenses, food, laundry, etc., entertainment are generally considered shared and are not repayable.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 5/20/05, 7:17 am


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