If I buy a house and my boyfriend lives with me and pays rent, is there any chance he could make a claim on the property if we were to break up?
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If I buy a house and my boyfriend lives with me and pays rent, is there any chance he could make a claim on the property if we were to break up?
If so, is there a way to protect myself from such a claim?
Asked on June 17, 2015 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
No, if someone pays rent to live someplace, they are a tenant, and a tenant does not have or acquire any interest in the property itself (i.e. he can't make a claim on the property). Legally, it would be a good idea to have a lease or other written rental agreement, even a very short, simple one, stating that it is a month to month tenancy (i.e. either of you could end it on one month's notice) and stating the rent he pays; such an agreement would 1) help make clear that he is renting and therefore is a tenant; and 2) if the relationship goes bad and he stops paying rent, would help with the eviction process if he refuses to move out. Obviously, you need to decide whether to have a lease with your boyfriend and how to bring it up, but if you could, it would be a good idea.
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