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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34744
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I had been living with my "boyfriend" to 5 years in my home

Customer Question

I had been living with my "boyfriend " for 3 to 5 years in my home he got divorced from his wife during the first year. I am not mentioned in his will. His younger brother is the executer of his estate. What is mine? The stuff we got while he lived here, his car? His power tools? I guess im not entitled to any of his cash assetts. But what about the stuff in my house?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If he had a will but doesn't leave you anything, then any assets that he owned solely would go into his estate to be distributed according to his will. But as for things that you purchased together and both contributed to, you would be entitled to half the value of those items as a co-owner.

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So if he brought his tools with him, then they would be his separate property and would go into his estate. If you both contributed to buying them, then they would have half yours. But if he purchased them with his separate money, they are his separate assets. The same thing with his car..if it is in his name and he was paying for it, then it would go into his estate.

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But if you had both gone in and contributed to purchasing things like furniture or household items, then it would be tough for the executor to prove that they weren't yours.

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A boy/girlfriend doesn't gain any legal ownership of their partner's assets because they live together. But it would be up to the executor of the estate to prove that the assets were his, and not jointly owned in order to be able to include them in his estate.

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thanks

Barrister

Customer: replied 1 year ago.
What about ownership being 99 % of the law. If thepower tools etc were out of sight, could he get them ?
Expert:  Barrister replied 1 year ago.

That is a common thought, but with no basis in law. But practically speaking, if there were not any items that the executor could locate that were likely his, then you are correct that it would be very difficult for the executor to lay claim to them..

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thanks

Barrister

Customer: replied 1 year ago.
Thanx you cleared stuff ip for me
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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thanks much

Barrister