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Can one spouse own a house and the other pay rent?
Anonymous1 views1 answers
I am engaged to a man who refuses to buy a house. He has stated that he will pay me rent if I buy a house. I am just wondering if he would have any claim to the house if we were to divorce? I live in California, which is also a community property state. Would I need some kind of written agreement between us to show he is only paying rent and not mortgage payments?
You need to take title to the house as your separate property, and you need a pre-nuptual agreement if he doesn't want to contribute to a mortgage or share in the house's equity. You're right that under CA's community property laws, he'd have a claim to be entitled to a share based on his contributions to the house and any equity it accrues, so if you want to contract around that, you need it in writing.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
