Sacramento, CA asked in Uncategorized, Estate Planning, Family Law and Landlord - Tenant for California

Q: I had my question answered already by forgot to ask for more details re my boyfriend moving in to my house.

We are having a baby in June and he will be moving in March. I am under the impression from what the lawyer said that my boyfriend will not have any rights to my house as long as I don't add him to title or we don't get married. Technically he will be renting from me (without a lease agreement), he will be paying half of everything from mortgage to property tax to utilities, he still won't have rights, is this correct?

I also do not have a trust set up, is this something I should have in case something happens to me so the house will go to my baby?

Thank you.

1 Lawyer Answer

A: Congratulations on having a baby in June.

Your boyfriend will not have rights in the house just because he pays some bills, so long as you don't agree to give him an interest in the house and it is clear that he is a tenant. I've seen this get ugly when people aren't completely clear with one another. You could enter into a rental agreement with him or have him sign a quitclaim deed to ensure this is the case.

Yes, you should have a full estate plan, including a trust, to ensure that your property goes to your baby.

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