Legal Question in Landlord & Tenant Law in Arizona

I am pregnant by a married man who has been separated from his wife for over five years. They own a house together in Phoenix, which she has moved out of six months ago and into a new house in Florida. He wants me, my son from a previous relationship, and our baby on the way to move into the house now. What are my rights as far as tenancy? Can the wife kick us out? What happens in case of the husband's (my baby's father) death?

Asked on 3/22/13, 12:06 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

It is very important for your protection and for the protection of the new baby, that you and your boyfriend make a written agreement with regard to his paternity and your support and that of the children. You do this with a co-habitation agreement (that will protect your right to live in the house with your children), and then, should you decide to marry, the co-habitation agreement will be the basis for a pre-nuptial agreement, which will protect you and your interests in the event that you marry. The wife in Florida has no right to "kick you out" just because she is co-owner of the house.

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Answered on 3/22/13, 9:34 am

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