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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4779
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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Just experience very breakup with different sex domestic

Customer Question

Just experience very breakup with different sex domestic partner. Currently I am listed on his will for a portion of all his assets. He wants to pay me off a little bit money to sign off on his will and his car. And I believe he also wants to have a clause in the letter saying I will not ask for more money or report him to Medical board for alcoholism. What should I do?
Submitted: 8 months ago.
Category: Family Law
Expert:  Chris T., JD replied 8 months ago.

Hello. I'll be happy to assist you.

Am I correct in assuming you were never legally married?

Customer: replied 8 months ago.
correct
Expert:  Chris T., JD replied 8 months ago.

In that case, you unfortunately have vey few rights in regard to his assets. The fact that you are currently in his will is in effect until he changes it. If he never does so, anything you sign now won't change how his property is distributed upon his death. In other words, no matter what you sign now, if you are in his will when he dies, you take whatever his will says you do. If he wants to take you out of his will, he doesn't need you to sign off on anything. On that same note, since you were never married, he doesn't really need you to agree to not ask for more money later since you are not legally entitled to any to begin with. From your perspective, it would be in your interest to take whatever he's willing to give you, because you won't be able to legally force him to give you anything.

Customer: replied 8 months ago.
i just found out I am listed as joint tenant on the deed. Does that change things?
Expert:  Chris T., JD replied 8 months ago.

It does change things. As a joint tenant, you are essentially a co-owner of the home with right of suvivorship. That means that you own an equal share of the home as he does, and that if he passes away, you get the entire home. It also means that he cannot kick you out of the house since you are a co-owner. My guess is that if you are going to break up, that he'd like to offer you some buyout of your interest in the house and then he would ask you to sign a new deed which removes your name.

Expert:  Chris T., JD replied 8 months ago.

It does change things. As a joint tenant, you are essentially a co-owner of the home with right of suvivorship. That means that you own an equal share of the home as he does, and that if he passes away, you get the entire home. It also means that he cannot kick you out of the house since you are a co-owner. My guess is that if you are going to break up, that he'd like to offer you some buyout of your interest in the house and then he would ask you to sign a new deed which removes your name.

Expert:  Chris T., JD replied 8 months ago.

Sorry for the double post. I see that you reposted your question about the deed in a new question. Would you like me to answer that question there?

Customer: replied 8 months ago.
how should i determine amount of buyout?
Expert:  Chris T., JD replied 8 months ago.

That really depends on the value of the home right now.

Expert:  Chris T., JD replied 8 months ago.

In theory, he could sell the home today and he woud owe you half of the proceeds, minus any oustanding mortgage.

Expert:  Chris T., JD replied 8 months ago.

Do you have any questions? If so, feel free to ask. If not, please remember to "rate" my answer before you go (that's how I get credit for my work).

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