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Do I have rights to home sale proceeds after separating from my boyfriend?

Do I have rights to home sale proceeds after separating from my boyfriend?

Q: What happens if you separate but never divorce?

If you separate but never divorce, you remain legally married. This means you still have rights and obligations to each other, including property division and financial support. Separation can affect how you manage shared assets, but it does not dissolve the marriage. Legal advice is recommended to navigate these issues.

Q: What happens to a house when an unmarried couple breaks up?

When an unmarried couple breaks up, the fate of the house depends on how it is titled. If both names are on the title, they typically share the proceeds from a sale. If one partner wants to keep the house, they may need to buy out the other's share. Legal consultation is advisable to determine the best course of action.

Full question:

I seperated from my boyfriend of 6 years. Both our names are on the title and mortgage. We are not married. Do I have legal rights to half of the proceeds if the home is sold? How is this determined, and what are my rights? Do I have to pay him half of what I collect from renters if he left me? What if we are both paying the mortgage? Is he considered to have abandoned the property?

Category: Real Property
Subcategory: Sales
Date: 04/07/2025
State: Arizona

Answer:

When the property is sold, co-owners typically share the proceeds equally. However, other factors may influence this division. If you collect rent from the property, you may not need to pay him half, especially if he has left. If both of you are paying the mortgage, it may complicate matters, but generally, he is not considered to have abandoned the property just because he left. Each situation can vary, so it's advisable to consult with a legal professional for personalized guidance.

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.

FAQs

What happens if you split up and are not married?

If you split up and are not married, property ownership is typically determined by how the property is titled. If both partners are on the title, they usually share the proceeds from any sale. However, each situation can vary based on agreements made or contributions to the property. It's advisable to consult a legal professional for specific guidance.

What tenancy is best for unmarried couples?

For unmarried couples, joint tenancy is often preferred. This allows both partners to have equal ownership and rights to the property. In the event of one partner's death, the other automatically inherits their share. Tenancy in common is another option, where each partner can own different percentages of the property, but it does not provide the same rights of survivorship.

How long do you have to live with someone to be considered married in California?

In California, living together does not automatically grant you marital status. However, if you live together for a significant period, you may establish a domestic partnership or be considered common law married in some states, but California does not recognize common law marriage. Legal marriage requires a formal ceremony and license.

What happens if you separate but never divorce?

What happens to a house when an unmarried couple breaks up?

Is my girlfriend entitled to anything if we break up?

Whether your girlfriend is entitled to anything after a breakup depends on the ownership of shared property and any agreements made. If both names are on the title of a property, she may have a claim to half the proceeds from a sale. However, if the property is solely in your name, her rights may be limited. Consulting a legal professional can clarify her entitlements.