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Originally Posted by Tess11 What is the name of your state? California
I am a legally a non-resident alien on a F1 visa studying and have been living with my b/friend for 1 year and 1 month. Initially I moved into his apartment and had my name added to the lease - no problem. Since Nov 04 I bought a house (my name, my money) and we recently split. As he is paying 1/4 of the mortgage (his check goes with mine to the bank) he is now asking for his name to go on the title/mortgage - obviously I have flatly refused to do this as he's paying less rent now than he did at the apartment and I only agreed to him writing out his check to the bank for his tax purposes (as his request).
What are my legal obligations here? I haven't yet asked him to move out (we are currently living in separate bedrooms). Can he insist on his name going on the title/mortgage?
FYI - no domestic violence, no kids, he's had a BK - my credit is good. Some of the utility bills are in his name, some are in mine.
I'd really appreciate an answer.
Cheers! |
His check is rent whether or not he pays you or the bank, what tax advantage does he believe this gives him, he can't claim any benefit from it. However, he may claim some contract and depending upon your actions he may have some standing. I suggest you put all the utilities into your name and give him 30 days notice to move before he has been there 1 year when it increases to 60 days. There are forms available for this purpose, it is not necessary to have a rental agreement or lease for him to be considered an tenant under CA law. You need to become aquainted with the Landlord/tennant laws. You may want to consult both a family law attorney and a real estate attorney. While there may not be any DV yet, be ready in case it does occur, DV may include other forms of violence beyond physical and he can be removed in less than 30 days if there is any DV.
07-09-2005, 05:48 AM
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