Can boyfriend of 5 years take parts of busines & house?

[Eric2]

What is the name of your state (only U.S. law)? Florida, Miami

Hello, my mom has been living with her boyfriend for 5 years. She owns her own business under her name only, but her boyfriend has been an employee since the business started. He keeps threating her if she leaves him, he is going to sue her because he feel he has put in more work into the business and take part of it. She also want to buy a house under her name only, in cash; but she is scared that if they do decide to seperate he actually has a right to claim something in the future.


I would think he has nothing to claim because they are not married, but she scared becasue she heard from someone that after a long term relationship, they actually have the right to claim something.

please help, thank.

 

[BigMouthWino]

It sounds like your mother really loves her boyfriend. More than money even. Wow.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Florida, Miami

Hello, my mom has been living with her boyfriend for 5 years. She owns her own business under her name only, but her boyfriend has been an employee since the business started. He keeps threating her if she leaves him, he is going to sue her because he feel he has put in more work into the business and take part of it. She also want to buy a house under her name only, in cash; but she is scared that if they do decide to seperate he actually has a right to claim something in the future.


I would think he has nothing to claim because they are not married, but she scared becasue she heard from someone that after a long term relationship, they actually have the right to claim something.

please help, thank.

If the business and house are under her name only, then she should be safe.

As an employee the b/f definitely has no claim to the business, unless of course, he has a formal ownership interest in it.

As for the house, as long as she doesn't include him on the deed, then he ALSO should have no claim to it (other than possession, and that only comes once he gains residency). The SMART move here is not to allow him to move in at all, ESPECIALLY due to the volatility of the relationship and the constant threats to take everything of value from her - or if she does, to do so under a formal rental agreement that reinforces that he is only a tenant (and that he will be required to make some contribution in order to remain so).

 

[ecmst12]

Being an employee and putting work into a business does not ever confer ownership.

Break up with the boyfriend and then buy the house. It's just safer that way, and the breakup obviously needs to happen anyway.

 

[cnorrisesq]

Maybe a claim as a partner...

There may be a claim by the boyfriend that he wasn't an employee, byt was really a partner of the business. Partnerships are easily created and are defined as any two or more persons carrying on a business for profit. It doesn't require any formal agreement of any type. A court would look to the conduct of the parties to determine if she was sharing profits with the boyfriend or just cutting him a check. If she was sharing profits, he might be able to prove that he was really a partner and owns a piece of the business. The claim here isn't really related to their boyfriend/girlfriend relationship, but the way they conducted the business. Hope that helps.

Forum disclaimer:
This is not intended to be, and should not be relied upon as a source of legal advice. Postings to this web site by Cameron Norris have been prepared for informational purposes only. In addition no attorney-client relationship has been created by these postings.

What is the name of your state (only U.S. law)? Florida, Miami

Hello, my mom has been living with her boyfriend for 5 years. She owns her own business under her name only, but her boyfriend has been an employee since the business started. He keeps threating her if she leaves him, he is going to sue her because he feel he has put in more work into the business and take part of it. She also want to buy a house under her name only, in cash; but she is scared that if they do decide to seperate he actually has a right to claim something in the future.


I would think he has nothing to claim because they are not married, but she scared becasue she heard from someone that after a long term relationship, they actually have the right to claim something.

please help, thank.

 

[Zigner]

Cameron -

What is your specialty?

 

[cnorrisesq]

Family law

Cameron -

What is your specialty?

 

[Zigner]

Family law

Awesome - nice to have another Family Law attorney on the board. (I'm not an attorney - but we have an Ohio GAL/Attorney who posts.) I'm sure the site admin will confirm your credentials soon - welcome aboard

 

[justalayman]

one other thing to consider is, as an employee, was he paid properly/legally? Did he "loan" the company money (by purchasing equipment or such)?


As an employee, your mother would have to consider things such as; was he paid for all hours worked; was he paid any required overtime at the proper rate; did he purchase anything for the business that he was not repaid;

while not putting him in the position to make a claim of a share of the business, it could give him a claim for money due him.