1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Right of occupancy

Discussion in 'Marriage, Engagement, Domestic Partnerships' started by Scifimom26, Mar 18, 2021.

  1. Scifimom26

    Scifimom26 Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Maine
    I live with my boyfriend in his home. He has his son as his beneficiary. I've asked and he's agreed to sign a paper for me to get lifetime right of occupancy should something happen to him. Can I get this paper just notarized and it would be legal? Do we need to go to a lawyer? Do we need to file anything with the government?
     
  2. justblue

    justblue Well-Known Member

    Messages:
    2,484
    Likes Received:
    1,102
    Trophy Points:
    113

    How long has he been you boyfriend? How old are you? Do you and he share minor children? Is there a reason you and he haven't married?
     
  3. Zigner

    Zigner Well-Known Member

    Messages:
    4,000
    Likes Received:
    2,149
    Trophy Points:
    113

    What you are actually looking for is a "life estate". You will want an attorney to assist in drawing up the documents and making sure they are properly recorded.
     
  4. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,588
    Likes Received:
    3,208
    Trophy Points:
    113

    If you are referring to Maine's transfer on death deed your life estate document might not be effective because the property transfers directly to the beneficiary without being part of the estate.

    I believe (subject to verification) that the life estate would have to be granted to you in the deed itself.

    Also keep in mind that the beneficiary deed and the life estate can be revoked at any time during the lifetime of the grantor. If your romance ends, you're on your own.

    Big difference between agreeing to sign and signing. You'll need to get him to a lawyer to get this done right.
     
  5. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,065
    Likes Received:
    1,430
    Trophy Points:
    113

    Beneficiary of what?

    What does "should something happen to him"? Isn't it the case that dozens or hundreds of things happen to him every day? Did you mean when he dies (assuming you are still his girlfriend at the time of his death and outlive him)?

    What does "this paper" mean? In other words, are you really asking folks to opine about the "legality" of some document that doesn't exist and which you haven't described in any clear way?

    As far as notarization, that's merely a way to evidence that a signature is genuine. It doesn't magically make a document "legal" if it wasn't otherwise "legal."

    Finally, you cannot "get [a] paper . . . notarized" that someone else has signed. The person signing the document must appear personally before the notary.

    Your boyfriend certainly should, but you should not be part of those discussions. For example, what happens if you and he break up in six months but you live for another 40 years. Would he really want you to have the right to live in his home all that time? That would be crazy.

    Depends on how exactly the arrangement is documented.
     
  6. Zigner

    Zigner Well-Known Member

    Messages:
    4,000
    Likes Received:
    2,149
    Trophy Points:
    113

    This is true, but to expand on it...

    Some documents do require notarization in order to be "legal". The attorney that is consulted in this matter would be the best person to give advice on whether or not any documents related to this matter must to be notarized.
     
  7. Scifimom26

    Scifimom26 Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    We been together for almost 3 years. Living together for 2 and a half. I'm 45. We have no children together but each have a child from previous relationship and he has no desire to get married.
     
  8. justblue

    justblue Well-Known Member

    Messages:
    2,484
    Likes Received:
    1,102
    Trophy Points:
    113

    How old is the boyfriend?
     
  9. PayrollHRGuy

    PayrollHRGuy Well-Known Member

    Messages:
    1,548
    Likes Received:
    765
    Trophy Points:
    113

    I've got socks WAY older than your relationship. I don't see why you think you should have any rights to the house.

    Who brought up this whole idea and under what circumstances?
     
    army judge and Zigner like this.
  10. Zigner

    Zigner Well-Known Member

    Messages:
    4,000
    Likes Received:
    2,149
    Trophy Points:
    113

    Funny you should mention that. The other day I saw a picture from a trip my wife and I took about 8 years ago. I saw the shirt I was wearing in the picture, then looked down and saw that I was wearing the same shirt!
     
  11. army judge

    army judge Super Moderator

    Messages:
    34,092
    Likes Received:
    5,618
    Trophy Points:
    113


    My wife regularly comments on my attire.
    She loves clothes, and has closets full of them to prove her dedication to that craft!
    I, on the other hand, rarely "dress up", as my wife says.

    I laugh and say, "No, but I'm damn good at dressing down."
     
    Disabled Vet and Zigner like this.
  12. Scifimom26

    Scifimom26 Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    My boyfriend is 52. We don't have lots of money or lots of assets. I just want to be able to live in his house for a little while in the event of his, hopefully not for a long time, passing so that I may have time to find a place for me and my son to live. I'm trying to be prepared for the unexpected.
     
  13. Zigner

    Zigner Well-Known Member

    Messages:
    4,000
    Likes Received:
    2,149
    Trophy Points:
    113

    Then he may be better served with a trust instrument that gives you a certain time in which you can live in the house in the event of his passing. That would make more sense for him.

    He should speak to an estate planning professional.
     
    justblue likes this.
  14. justblue

    justblue Well-Known Member

    Messages:
    2,484
    Likes Received:
    1,102
    Trophy Points:
    113

    Your opening post said you wanted a "lifetime right of occupancy".

    So which is your goal...to get a few months to find other housing or the legal right to live in the home till you pass away?
     
    Disabled Vet and Zigner like this.
  15. adjusterjack

    adjusterjack Super Moderator

    Messages:
    9,588
    Likes Received:
    3,208
    Trophy Points:
    113

    If that's all you want then I'm sure that his son will give you the same 30 days that any other tenant is entitled to. Maybe even 60 or 90 if you ask him.
     
    justblue likes this.
  16. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,065
    Likes Received:
    1,430
    Trophy Points:
    113

    I'm curious why you think the OP thinks she "should have any rights to the house." The OP wrote that she "asked and [her boyfriend] agreed to . . . [give her a] lifetime right of occupancy." That she asked implies that she does not think it's anything that she "should have." Nothing wrong with asking and, hey, he said yes.

    Well..."you get a year after his death to move out" is a far cry from a "lifetime right of occupancy" (but again, there was nothing wrong with you asking).

    As I and others have said previously, he should be seeking advice from an estate planning attorney.

    Agree, although this trust angle is only one of several options that exist.
     

Share This Page