Legal Question in Real Estate Law in California

Buying a home - does boyfriend have any rights?

I am currently in escrow right now on a condo. My boyfriend and I have been together for 6 years, living together for 3 years in a rental. My parents are giving me the down payment/closing costs to buy the condo. The title will be in my name and mine only. Of course the advice I have received from other lawyers is to protect myself against palimony by having my boyfriend sign something that says he is basically not entitled to anything in the event of a break up, but I have heard different as well. I have heard that if it did go to court, the judge will look at who is on the title and who supplied the down and makes his determination from there....is this generally the case? Is it neccessary that I have him sign something? Also, if my boyfriend is not on title, nobody can put a lien on my property right? (He has been sued in the past and has not paid it off yet). Thanks for your help.


Asked on 3/18/03, 6:23 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Buying a home - does boyfriend have any rights?

I think I have answered you before. I recognize some of my advice in your question as well as your zip code.

Whether you should have your boyfriend sign something depends at least to some extent on his attitude toward signing something and whether asking him to do that will have any negative effect on your relationship.

Having said that, I think getting an agreement is a good idea and may reduce problems later on. You don't have to base everything on s possible break-up, either. You can explain the need for an agreement in terms of setting up your estates. Even if you never break up, you need estate planning.

Both sets of views you've heard are right, to an extent. Down payment and deed largely control right to real property. Outside property ownership, however, one or the other parties to a "palimony" case may owe the other based upon contract theories not implicating title to the real property.

By the way, my instincts would tell me to be cautious about long-term deals with anyone who has unresolved litigation haunting him. What are your instincts telling you? Listen carefully.

Since you're apparently not far away, I invite you to come in for a free consultation.

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Answered on 3/19/03, 12:13 am


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