what are my rights???

iVillage Member
Registered: 01-15-2010
what are my rights???
12
Mon, 05-23-2011 - 1:09pm

Hi everyone,

So I've been living with someone for over a year and we plan to marry.

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iVillage Member
Registered: 09-06-2007
Mon, 05-23-2011 - 4:07pm
Are you meaning in the event that you should break up/divorce, you want to get some portion of the house? Or walk away with something? How about a prenup?

I am not sure what rights being on the house title gives you, in fact I was going to call my mortgage broker and ask exactly what it does and when should it be done. I'll report back when I learn something.

What is holding up this divorce?

How are expenses divvied currently?
iVillage Member
Registered: 09-06-2007
Mon, 05-23-2011 - 4:34pm

OK, so you can get on the house title for a nominal fee (something like $80 maybe). In the event of the death you will assume ownership. You don't have to refi, and there's way to assume the loan in this case.

In the event of a divorce or break up, to get off the title you can do a "quit claim deed" which removes a person. I don't think it entitles you to 50% equity in the home.

iVillage Member
Registered: 01-15-2010
Mon, 05-23-2011 - 4:58pm

If he doesn't want to put me on the deed, perhaps if he puts me in his will?

iVillage Member
Registered: 09-06-2007
Mon, 05-23-2011 - 5:26pm
I don't think it's cold, I think it's just logistics.

You may feel entitled but if you are not on his will, then the will trumps all.

I would ask him what he thinks about this and what he is willing to do and when he would find it a proper time to do such things.

Boyfriend and I talked about making each other our beneficiaries once we are married should something happen to one of us, but we don't have kids. We haven't made up wills yet but we're in our 30s.

If he does have a will, he might need to update it anyway so that no ex wives are on it.

What are your ages?
Community Leader
Registered: 08-25-2006
Mon, 05-23-2011 - 6:50pm
Well, it depends if you are talking divorce, or if he dies. It also depends what the laws are where you live.

So really you have to check your local laws.

Some things sound like a good idea, but can backfire if you don't do your homework.

Serenity
iVillage Member
Registered: 11-28-1999
Tue, 05-24-2011 - 11:26am

You need to find out about the laws in your state.

iVillage Member
Registered: 01-15-2010
Tue, 05-24-2011 - 11:54am

He served her the divorce papers, and she has agreed to waive rights to everything.

iVillage Member
Registered: 09-06-2007
Tue, 05-24-2011 - 4:24pm
"Someone asked before...I'm 49 and he's 50."

OK, I wasn't sure if Social Security benefits were in the picture, but you're way off from that!
iVillage Member
Registered: 12-22-2007
Mon, 05-30-2011 - 4:27am

If you want to be put in his will, just how much do you want to receive?

iVillage Member
Registered: 11-28-1999
Mon, 05-30-2011 - 10:30am

I don't know how you could make sure that you get your father's estate if that should happen--isn't it up to him?

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