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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 5 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption