Legal Question in Family Law in Virginia

Re: Rights of fiance in home purchase

RE: Unmarried mortgagors

It would take kind of a book to detail all the possible answers so I will go this once over lightly. I assume that you and your friend are cohabiting in that dwelling. Virginia is not a

"Common Law Marriage" State so there are no "marital rights", as such.

To the exent that your friend's payments on the mortgage represent actual curtailment of the principal balance, her claim to any form of reimbursement for that is highly debatable and depends upon implied agreements and INTENT. To the extent that she contributes approximately half of that part of the installments which are applied to interest on the loan, a very good argument may be made that this is equivilent to her contributing rent in exchange for her occupation of the premises.

Re: Rights of fiance in home purchase

You could have your fiancee sign a lease agreement at the time she moves in to eliminate the possibility of her later making "equitable claims" against the property in the event that the two of you do not marry and later split up.

As to when you propose marriage is of total irrelevance. What counts in this situation is not the proposal but whether or not you actually marry and the house clearly becomes marital property.