Full question:
I have cohabitated with a woman for 17 yrs and we have a 17 yr old daughter. We have never planned on marriage and i want to know if she has any claims on my home and land. Also, how do i make her move out? The land is family land and I built the home and it has a mortgage that I pay. Thank you.
- Category: Cohabitation
- Date:
- State: Minnesota
Answer:
Generally, unmarried cohabitants do not have the same property rights as married couples. In most cases, property acquired during a cohabitation is not automatically considered joint property. This means your partner may not have a legal claim to your home and land, especially since you built the home and are the one paying the mortgage.
However, the laws regarding cohabitation can vary by state. In some situations, if you and your partner have made agreements about property or finances, those could affect her claims. It's also possible for courts to recognize implied agreements or trusts based on contributions made by each partner, but this can be complex and fact-specific.
To make your partner move out, you typically need to provide written notice. Since there is no formal lease, she may be considered a tenant-at-will, which means you can terminate the arrangement with proper notice. In many states, this notice must be at least as long as the interval between rent payments or three months, whichever is shorter. If she refuses to leave after the notice period, you may need to pursue formal eviction proceedings.
Consulting with a local attorney can provide guidance specific to your situation and state laws.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.