If my mother has lived with her boyfriend for around 12 years but now they are splitting up, must we sign waivers in order to move her things out?

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If my mother has lived with her boyfriend for around 12 years but now they are splitting up, must we sign waivers in order to move her things out?

They have lived in a house in his name for about 10 years, however he hasn’t worked in 8 years, so my mother has made every house payment since then. They are now splitting up and she is moving out. She has enlisted the help of me and some other family members. Her boyfriend is requesting that we all sign a waiver which states that we will not sue him if we get hurt moving her furniture out. It also states that if there are any damages to the house we have to pay. Of course, no one wants to sign these waivers. I think he is just trying to be difficult and wants her to leave her furniture. Legally, what can we do?

Asked on July 15, 2014 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Legally, you are under NO obligation whatsoever to sign those waivers. Your mother has an absolute right to move her belongings out, and does not have to sign any waiver to do so. If you damage the house, it is true that you would be responsible to pay, however, and that he could sue whomever damages the home if they do not pay voluntarily. And if you are injured moving the belongings out, you could not sue him unless he was at fault in causing the injury in some way--though if he were, you could sue.


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