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Utah Real Estate Q&A Discussion Forum
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Updated over 3 years ago on . Most recent reply

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Rick Albert#3 House Hacking Contributor
  • Real Estate Agent
  • Los Angeles, CA
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Significant Other without a Lease

Rick Albert#3 House Hacking Contributor
  • Real Estate Agent
  • Los Angeles, CA
Posted

Hello All!

I have a friend who is house hacking in South Jordan (my investing is in Los Angeles).  His girlfriend lives with him and she pays a portion of the bills.  There is no lease or co-habitation agreement.

Because I come from a litigious city, is there risk of not having a lease in place?  Could she come back and claim equity?  He bought it while in the relationship.

Just want to make sure everyone is protected, especially if something happens to him since his half of the property (his parents live in and are on title for the second half) is going to his daughter.

I understand that you all are not attorneys and I need to confirm with one.  I just thought I would start here.

Thanks!

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William Hochstedler
  • Broker
  • Logan, UT
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William Hochstedler
  • Broker
  • Logan, UT
Replied

Utah is not a community property state nor is there common law marriage.  So the girlfriend won't have a claim through a non-marital relationship.

I'm not a lawyer, but it may be messy evicting a roommate who began their residency as a partner.  Homeowner's insurance should cover guests though.  And you can change the locks on an ex-girlfriend but you can't on a tenant.

So I can't think of too many benefits that a lease would provide.

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