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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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Partner left the relationship and home after 18yrs., moved

Resolved Question:

Partner left the relationship and home after 18yrs., moved from Maryland to South Carolina. Currently living in the home ,do I have any legal rights.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

In order to answer your question, I have a few questions for you:
1. Were you and your partner ever married?
2. Whose name is XXXXX XXXXX property?
3. If you were married, was the house bought before or after the marriage started?
4. Are you only wondering about your rights to the house, or are you asking about other specific rights?
Customer: replied 1 year ago.

No not married


Property in his to name


My rights concerning the house or any rights at all. No


Children and No contract.

Expert:  Lucy, Esq. replied 1 year ago.
Thank you.

I'm sorry to have to say this, but if you have no written agreement, and the property is in his name only, you do not have any rights to the house. The law treats the former partner in this situation as a tenant, which means that he can ask you to vacate at any time, as long as he gives 30 days written notice. He cannot throw you out, but you don't have any legal right to stay beyond the 30 days, or to claim a portion of the value of the property. The law requires a written agreement to transfer ownership of real property.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
Customer: replied 1 year ago.

The both of us lived together in South Carolina for a short time, a year later he decided to back, would that make a difference.

Expert:  Lucy, Esq. replied 1 year ago.
Unfortunately, it doesn't. If the house is in his name only, it's his house. You're staying there with his permission, which he's allowed to revoke. The only way to have a claim to the property is if you had married before he bought it, or if there was a written contract that says that you have a right to the property in the event of a break-up.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 21035
Experience: Attorney with experience in family law.
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Lucy, Esq.
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