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Before You Purchase A Home With Your Boyfriend/Girlfriend, Think Twice

Before you purchase a home with your boyfriend or girlfriend, think twice! If both names are on the deed, just as in a marriage, both names need to be on the listing agreement and both people need to sign at the closing table!

I received a call today from a young man who purchased a home with the person he assumed would be his partner forever. They purchased a great home together and now, a few years later, they have parted ways. One has left the home and the other is still there. One wants to sell, the other wants to stay.

Just as in a marriage, if you have your name and another person's on the deed for that home, you both have to sign all of the paperwork to sell, unless the other person buys you out.

I have seen this before, a young couple purchasing together before they marry and then having the relationship go south. It is sad but everyone needs to remember, as far as the law is concerned, you are both responsible for that home. It isn 't like renting and moving on. As for advice, my advice is: "Get an attorney, I am a Realtor and not qualified to give legal advice."


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Buying or Selling - - Call Barbara-Jo for all of your real estate needs! - - 727-755-3292

barbara jo roberts berberi, realtor
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Barbara-Jo Roberts Berberi, MA

Charles Rutenberg Realty

Serving the Greater Palm Harbor Florida Area, including Crystal Beach, Ozona, Clearwater, Dunedin, Safety Harbor & Tarpon Springs Florida & surrounding area

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If you are thinking of purchasing in the Palm Harbor, Crystal Beach, Safety Harbor, Dunedin, Tarpon Springs area or along our pristine Gulf Beaches, give me a call! With years of experience in the local real estate market, I am here to assist you in making one of the most important purchases of your life! Give me a call today! Find out for yourself why living along the Gulf Coast is indeed living in Paradise!  727-755-3292

Comments(28)

Steve Ewing - Keller Williams Realty
Keller Williams - Stockton, CA

Barbara-Jo  - I keep hearing the same thing over and over, if it has to do with real estate it has to be in writing.  If it is in writing the lawyers can work with it and if not in writing it just get that much more messy.  Thanks for the post.

Nov 29, 2012 05:48 AM
Wayne Zuhl
Remax First Realty II - Cranford, NJ
The Last Name You'll Ever Need in Real Estate

Hi Barbara-Jo - Great advice. Breaking up any relationship is hard, but when there's real estate involved, the breakup is even more complex.

Nov 29, 2012 06:06 AM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

Thank you for all of the wonderful comments. It is interesting that we have to deal with this. Years ago people would have never purchased together if not married but today we see it more and more often. While there is nothing wrong with purchasing together, problems do arise when the relationship doesn't work out and so often people expect us, as Realtors, to give legal advice. I have to tell people again and again that I am not allowed to practice law and that is just what I would be doing if I gave out legal advice.

Nov 29, 2012 06:08 AM
Lloyd Binen
Certified Realty Services - Saratoga, CA
Silicon Valley Realtor since 1976; 408-373-4411

Barbara Jo, you are so right.  Just like in any partnership, it's easy to get in and hard to get out.  That's what I say to warn young non-married couple buying together. It's a common mistake.  If they choose to do it anyway I recommend a partnership agreement.

Nov 29, 2012 06:19 AM
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

It's hard to think "straight" when you're in love... delineating property is very unromantic, but alas, not doing so clearly has consequences. 

Nov 29, 2012 06:32 AM
Dr. Paula McDonald
Beam & Branch Realty - Granbury, TX
Granbury, TX 936-203-0279
Very good advice. This always makes for a nasty mess when things go bad.
Nov 29, 2012 06:47 AM
Florida Tolbert Team Keller Williams Advantage
Keller Williams Advantage III Realty in Lake Nona - Orlando, FL
Keller Williams Land Luxury Division Specialist

Amen sister Barbara Jo,  If she is not worthy of taking my name, then she is not worthy of my assets either.

Nov 29, 2012 08:10 AM
Evelyn Kennedy
Alain Pinel Realtors - Alameda, CA
Alameda, Real Estate, Alameda, CA

Barbara Jo:

I caution couples that want to buy a property together to think long and hard about proceeding with a purchase.  I also suggest that they see an attorney to write up an agreement for the couple about who will pay what and what would happen if they do part ways.

Nov 29, 2012 08:36 AM
Tamara Inzunza
Realty One Group Capital - Alexandria, VA
Close-In Alexandria and Arlington Living

That's definitely a doozy.  I've seen this a few times as well, especially when the market went south.  But even when the market it good, there's fighting over the proceeds, etc.  These situations can get really messy.

Nov 29, 2012 08:48 AM
Mike Cooper, Broker VA,WV
Cornerstone Business Group Inc - Winchester, VA
Your Neighborhood Real Estate Sales Pro

This is definitely an enter with caution area.  I've seen the same thing.  I have a family member who is dealing with this right now.  Not a good idea.  Congrats on the feature.  Something for buyers to seriously consider.

Nov 29, 2012 09:09 AM
Michelle Francis
Tim Francis Realty LLC - Atlanta, GA
Realtor, Buckhead Atlanta Homes for Sale & Lease

Barbara-Jo, 

Had an old roommate who was moving out to buy a home with her boyfriend.  They wanted to cover their bases and met with an attorney.  He even advised this would be a whole lot easier if they were married. 

Folks, it makes no sense to co-mingle your money like this!  It is not something I would recommend!

All the best, Michelle

Nov 29, 2012 10:23 AM
Donna Bacher
PureRealty Brokerage - Hamilton, ON
Broker

Barbara-Jo...excellent post! I had an old time lawyer that use to tell young couples to always look at things as if they knew they were divorcing....I always thought it was harsh...but the young couples would laugh and set things up in the best way possible. He claimed it was easier when they were all lovey dovey...lol

Nov 29, 2012 11:07 AM
Susan Haughton
Long and Foster REALTORS (703) 470-4545 - Alexandria, VA
Susan & Mindy Team...Honesty. Integrity. Results.

Excellent advice.  I cringe whenever I hear of someone in this situation, but you are right - we are not attorneys!

Nov 29, 2012 11:36 AM
C. Lloyd McKenzie
Living Albuquerque - Albuquerque, NM
Living Albuquerque

Good Evening Barbara-Jo,

This one is on point...great advice. I have seen it happen before, and it never fails

Nov 29, 2012 02:23 PM
Sharon Parisi
United Real Estate Dallas - Dallas, TX
Dallas Homes

Barbara-Jo, as we know, this happens all too frequently thee days.  It seems that it is nearly impossible for people to understand that this is not a good idea.

Nov 29, 2012 02:42 PM
Ron Climer
Keller Williams Realty Mountain Partners - Tryon, NC

    Honey, Im leaving tomorrow and I sold my half of the house to an investor.  It is none of my business but if you don't love each other enough to get married, you certainly don't love each other enough to own real estate together. 

     Or gee my girl friend died in a car crash yesterday.  I wonder who she left her half of the house to.  Oh no she left it to her ten  year old son.  His dad is the guardian.  This might get complicated. 

     Or my boyfriend just got sued by a creditor, does that put a lien againest his half of our house?

     I am not an attorney.  I can certainly tell you when you need one.  This is one of those times.

     Or If we are going to do this, let's buy a duplex.  That wil make things a lot simpler when we breaak up.

    

Nov 29, 2012 07:02 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Congrats on the feature Barbara-Jo.  Excellent topic and warning.  Of course, this is also an issue when married folks breakup as well, but there are in place formal procedures to take care of the situation.  Still, it is often messy.

Nov 29, 2012 07:31 PM
Morgan Evans
Douglas Elliman Real Estate - Manhattan, NY
LICENSED REAL ESTATE SALESPERSON

Sounds like a big headache to me, definitely a warning that a couple in love doesn't think all the way through.

Nov 29, 2012 08:09 PM
Robert Bob Gilbert
Berkshire Hathaway HomeServices Anderson Properties - Katy, TX
Your Katy TX ( West of Houston) Real Estate Expert

Hi Barbara Jo,

Excellent advice to seek an attorney. Puttging a significant other on a home purchase before mraige is not a good thing to do. You changed your hair color and it looks good.

Nov 30, 2012 03:48 AM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

thanks for all of the comments, my friends. I really appreciate it.

Nov 30, 2012 06:08 AM