One of the things that have changed since we entered the real estate field is the number of single people buying homes, alone or together. I am thinking of people who are not a “married couple”. Sometimes, it is a same sex couple, two or more friends, mother and daughter, brother and sister, or boyfriend and girlfriend … young and old, just not covered by the legal protection of a marriage contract.
Everything seems to go great when you are making plans and the home is still a fresh dream. You never expect to have a problem that cannot be talked over and handled together.
As realtors, we have some concerns. We have seen where things got very messy and people special to us get hurt. That is why we “nag” about having a legal contract spelling everything out at the very beginning. Who pays for what and how do you divide the upkeep? It is important to know what would happen if you decide to separate.
How do you sell and divide the profit or loss?
We are including some of the areas to work out from an attorney’s viewpoint. Use these as a starting point to discuss and decide before you sign the contract for the new home.
There are four important financial steps that unmarried couples need to take
and they need to take them sooner rather than later.
1. Prepare and sign a Will. Without a will your “next of kin” will inherit everything
and your domestic partner will get nothing.
2. Title your house as “Joint Tenants”. A joint tenancy creates a right of survivorship
in the remaining partner. This means that even without a Will the house will
go to the surviving partner.
3. Have a Domestic Partnership Agreement. Such an agreement should deal with how
assets will be purchased, owned, maintained and disposed of. Agree now while everyone
is agreeable!
4. Be prepared for sickness. Have a Healthcare Declaration and Power of Attorney giving
your partner the authority and power to make healthcare decisions. Without it, we are
back to your “next of kin” making the decisions and possibly excluding your partner from
even seeing you while you are sick.
For more information and assistance with domestic partnership issues please feel free to contact:
Jim Reichert
James A. Reichert, LLC
612-677-8332
Here is another great article on this topic from The New York Times:




