If the house I live in is registered in my parents’ Trust, is it protected now that my partner of 2 years and I are separating?

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If the house I live in is registered in my parents’ Trust, is it protected now that my partner of 2 years and I are separating?

My partner, who has lived with me in the house with me, has paid weekly rent.

Asked on June 20, 2017 under Real Estate Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the trust owns the home, then yes it is generally protected from any claims, including claims by a romantic or life partner, against you. (Exceptions would exist if it can be shown that you control the trust to such extent that it has no independent existence, but is essentially an extension of you--in that instance, it is sometimes possible to pierce the trust's alleged protection). If the partner has paid the rent, then she may be legally considered a tenant, so if you want him/her out and he/she won't voluntarily leave, you may have to find grounds to evict him/her and bring an eviction action in court; if that's the case, consult with a local landlord-tenant attorney. But apart from that issue, if the home is owned by a trust independent of you personally, the partner would have no claim and there should be no issues.


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