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Need help on cohabitation law(not married just living as partners) in Georgia

#1
Hi All,

Does anybody know, what are cohabitation laws in Georgia. Is there a certificate for it to avoid legal issues on separation?. This is the case when you are not married and one party owns house and both parties share living expenses using common account.

I will appreciate pointers.

Thanks
Prag
 


Zigner

Senior Member, Non-Attorney
#3
Hi All,

Does anybody know, what are cohabitation laws in Georgia. Is there a certificate for it to avoid legal issues on separation?. This is the case when you are not married and one party owns house and both parties share living expenses using common account.

I will appreciate pointers.

Thanks
Prag
What exactly are you trying to do (or avoid)? What legal issues are you concerned about? Yours is likely a matter of simple contract law.
 

Zigner

Senior Member, Non-Attorney
#4
If you are concerned about the possibility of a "common law marriage" being created, then have no fear. Georgia doesn't have common law marriages within the state (although they do recognize common law marriages created in other states).
 
#5
What exactly are you trying to do (or avoid)? What legal issues are you concerned about? Yours is likely a matter of simple contract law.

So when you share monthly expenses by common account, you end up paying mortgage as part of that expense. If separation happens, can other party make claim on house, just because they paid their share of monthly expense, which paid off some mortgage amount.

Thanks
 

Zigner

Senior Member, Non-Attorney
#6
So when you share monthly expenses by common account, you end up paying mortgage as part of that expense. If separation happens, can other party make claim on house, just because they paid their share of monthly expense, which paid off some mortgage amount.

Thanks
Nope - the phrase "paid off some mortgage amount" is best described as "rent".
 

HRZ

Senior Member
#7
It most likley creates a landlord tenant situation and in many jurisdictions a tenant has a pile of rights..and generally speaking those rights would trump any contract language designed to short cut them .

QUite a few " exit " issues get posted here ...smart to address same up front.

IF the federal tax code ever shifts back to allowing for deduction of RE taxes by owner , then that's a matter to consider .

I have more than one friend who actually leases out a home to a friendly tenant w a very business like lease which is actually followed and has a clear profit motive .
 
#8
Nope - the phrase "paid off some mortgage amount" is best described as "rent".
Thanks so much. Does it go without saying oR need written legal contract such that ‘even if sharing monthly expense may pay off some mortgage of the party than own it, still other party who does not have name on house deed’ cannot claim any right on property in case of live-in relation ends.

Also is it applicable if two people are in live-in relationship for any number of years or there is a cap?

Thanks
 

Zigner

Senior Member, Non-Attorney
#9
Thanks so much. Does it go without saying oR need written legal contract such that ‘even if sharing monthly expense may pay off some mortgage of the party than own it, still other party who does not have name on house deed’ cannot claim any right on property in case of live-in relation ends.

Also is it applicable if two people are in live-in relationship for any number of years or there is a cap?

Thanks
You seem to have some real concerns that may not be properly addressed by an internet forum. I would suggest you pay a few dollars and have a short consultation with a local attorney.
 
#10
You seem to have some real concerns that may not be properly addressed by an internet forum. I would suggest you pay a few dollars and have a short consultation with a local attorney.

Thanks Zigner. As such I have no real issues at this moment. But I am careful person and try to see any potential problems in road ahead. Live-In relation ship is in no good category of family laws. Its more of a ‘word of mouth’ type of association. I have never heard anybody creating contracts for that. But when house is involved and partners end up sharing monthly expense which also translates in to mortgage pay offs, thst is where it becomes a point of question. Idea is not yo hurt or doubt anybody, but it is volatile in nature with no legal involvement so to avoid misunderstanding, i thought it is good idea to do some exercise on this subject , so i can avoid unnecessary misunderstandings. As i have no idea about this subject, that is why i seeked some advice here. Because I dont even know if this is worth a worry or not :) . Just an item on my mind list to be addressed. Thanks again. Are there any other thoughts or should i go to local attorney and will that be family lawyer?
 
#11
It most likley creates a landlord tenant situation and in many jurisdictions a tenant has a pile of rights..and generally speaking those rights would trump any contract language designed to short cut them .

QUite a few " exit " issues get posted here ...smart to address same up front.

IF the federal tax code ever shifts back to allowing for deduction of RE taxes by owner , then that's a matter to consider .

I have more than one friend who actually leases out a home to a friendly tenant w a very business like lease which is actually followed and has a clear profit motive .
Thanks. Ao friendly tenant is not referred to a person you are in live- in relationahip right?
 

Zigner

Senior Member, Non-Attorney
#12
Do a web search for "relationship agreement". If you would like assistance with that, speak to a local attorney.
 
#14
If you are concerned about the possibility of a "common law marriage" being created, then have no fear. Georgia doesn't have common law marriages within the state (although they do recognize common law marriages created in other states).
I read about this. I guess ‘ common law’ is applicable to people who have cohabited for more than 10 years or so. I guess, not sure If i am right. But anyways its not applicable in georgia. Thanks
 
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