How do I claim rights to property that does not have my name on it?

UPDATED: Oct 1, 2022

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How do I claim rights to property that does not have my name on it?

My boyfriend I moved into this house 6
years ago. He his father put their
names on the house. The two of us have
split all expenses over the last 6
years. I’m looking to move out on my
own. He wants to sell the house give
all the proceeds to his father. What
about my share?

Asked on September 26, 2017 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you are not on the title or deed to the house, you are not an owner: not being an owner, you would not be entitled to any of the equity or proceeds. Paying your share of the expenses does not give you any right to a home, or the proceeds therefore, if you were not on the title; after all, the amounts you paid could have been a gift to your boyfriend, could have been "rent" for living there, could have been paid simply in self-interest, since if you didn't make sure the expenses were paid, you'd be out of a place to live, etc. The simple act of paying expenses does not give any right(s) to the property.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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