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All Forum Posts by: Adam Pierce

Adam Pierce has started 8 posts and replied 78 times.

Post: Should I make my girlfriend sign a lease?

Adam PiercePosted
  • Real Estate Agent
  • Fountain Valley, CA
  • Posts 83
  • Votes 27
Originally posted by @Nicole A.:

Common law marriage exists in about 16 states. And several of those states only recognize it if created before a certain date. Next, it's not just simply living together for a specific amount of time that creates common law marriage. The couple must also be treating their relationship as married by things such as filing joint taxes and changing their last names.

Lots of jokes about losing your GF/sleeping alone/etc. Lots of assumptions that she'd somehow be able to claim your house as hers. @Adam Pierce, how did your talk go?

Despite what some people thought, my girlfriend was actually happy being a guest or tenant; she didn't want to be locked into anything any more than I did. Most people didn't read my original post clearly, I'm not buying my house until the end of the year and at that point, we will need to talk again. 

As of this moment, I haven't decided exactly how I'm going to proceed yet, 6 months is a long ways away. 

I appreciate everyone who contributed to this, although I am sad to say I had to use the ignore feature for the first time as well. 

Thank you BP for the help, you've given me a lot to think about.

Post: Should I make my girlfriend sign a lease?

Adam PiercePosted
  • Real Estate Agent
  • Fountain Valley, CA
  • Posts 83
  • Votes 27
Originally posted by @William Morgan:

@Adam Pierce  Some of the commenters are quick to scoff at you but I promise you NONE of them will help you out if you two split down the road and she claims you two were in a "Meretricious" or "Committed Intimate Relationship" and demand half the equity realized during your relationship from all the properties you acquired.  In fact they'd probably scoff at you again for being so naive!!   http://www.hansenlaw.com/committed-intimate-relati...

BTW, Another reason to have a lease is that you can document two years of landlord experience required by Fannie (or is it Freddie).

Tyvm William. I didn't even consider that I could get landlord experience... That's a huge advantage. I definitely owe you one.

Post: Should I make my girlfriend sign a lease?

Adam PiercePosted
  • Real Estate Agent
  • Fountain Valley, CA
  • Posts 83
  • Votes 27
Originally posted by @Frank Jiang:

It speaks so poorly of our culture that so many people balk at the idea of an open and honest discussion of money, investments and assets with even the person they're in a relationship with.

So many posters have automatically assumed this will lead to an argument or a breakup.  This is a really unfortunate case of association bias and projection (these posters remember fighting about money, so they assume you and your girlfriend will also fight about money).  If your girlfriend is a mature and intelligent individual, money and the rules of engagement should not be a banned topic of discussion.

Adults talk and discuss money.  Children fight about it.

Thank you Frank, well said. 

Post: Should I make my girlfriend sign a lease?

Adam PiercePosted
  • Real Estate Agent
  • Fountain Valley, CA
  • Posts 83
  • Votes 27
Originally posted by @Nicole A.:

There is no common law marriage in California, so that worry is out the window.

Second, 6 months of dating honestly is not long at all, so the very logical side of me can't help but understand that you might want a written lease. Plus, even without a lease, wouldn't she get tenant rights by establishing residency there? Or just say it's a verbal lease and there's her being a tenant with tenant rights?

I am not legally married, and have been in a very committed relationship for 10 years. We own multiple properties together, a few joint bank accounts, etc. We've seen how our taxes would increase greatly if we were married, so instead, we had our attorney draw up all the documents we need to protect us, form trusts, and ensure our assets are all titled in both our names. As Sylvia was asking about titles and "rules", yeah, I can see those questions in the beginning such as this OP's relationship. But you gotta start somewhere! No better time to see if you work well as a strong couple than in the beginning! :-)

How do you feel about your girlfriend? Does she seem to have a good head on her shoulders or go completely crazy if you guys disagree or don't work out? Also, it'll be quite different living together than just dating, even if she's been staying with you a lot. Trust me, even I found this to be true. So whether you go written or verbal lease, you need to have a serious discussion about each other's expectations regarding moving in...and not just regarding rent payments.

Thank you Nicole, I will do exactly that.

Post: Should I make my girlfriend sign a lease?

Adam PiercePosted
  • Real Estate Agent
  • Fountain Valley, CA
  • Posts 83
  • Votes 27

@Sylvia B. Well said, thank you for the comment.

Post: Should I make my girlfriend sign a lease?

Adam PiercePosted
  • Real Estate Agent
  • Fountain Valley, CA
  • Posts 83
  • Votes 27

@Jacob Beard I am completely fine with my girl friend seeing this post. I am doing the right thing by getting advice on a MAJOR DECISION to live with someone, possibly for years. 

I appreciate your reply though.

Post: Should I make my girlfriend sign a lease?

Adam PiercePosted
  • Real Estate Agent
  • Fountain Valley, CA
  • Posts 83
  • Votes 27
Originally posted by @Andrey Y.:
Originally posted by @Greg B.:

Boyfriend of the Year!

She's your girlfriend dude. Why do you want to treat her like a tenant? If she is late on the rent will you make her pay a late fee? What happens if you have to evict her? Are you going to charge her for repairs and keep her deposit? There's a litttttttle bit of a conflict of interest here. Did I mention she's your girlfriend?

Best of luck

 Girlfriend of only 6 months, which is nothing. OP, If she has the means and is willing to pay the rent, she absolutely should.

Also, please for the love of anything, don't "pretend" you are married. Check co-habitation laws in your state. Sometimes, if she lives with you for one or three years, you are effectively married and she is entitled to half your assets. Don't go into this blind, which from what I can see you are starting to do your research.

Those, "aww, but she's your girlfriend" posters are unfortunately not living in the real world that is 2016.

 Finally someone with some common sense! Geez these replies got nasty quick. It was an honest question about a horrible land lord state. Oh well, more to add to the ignore list.

I appreciate the info.

Post: Should I make my girlfriend sign a lease?

Adam PiercePosted
  • Real Estate Agent
  • Fountain Valley, CA
  • Posts 83
  • Votes 27
Originally posted by @Brandon Battle:

Adam Pierce if you put her on an official lease,you are giving her tenants rights which she can use against you if things go to blazes with her.You need to come to an understanding and put it in writing.If you want the right to kick her to the curb with little notice,you need to make her sign an agreement stating she is living there for free and has no tenants rights to remain in the property upon being asked to vacate asap.

Thank you Brandon. I really appreciate the info.  

Post: Should I make my girlfriend sign a lease?

Adam PiercePosted
  • Real Estate Agent
  • Fountain Valley, CA
  • Posts 83
  • Votes 27

Post: Should I make my girlfriend sign a lease?

Adam PiercePosted
  • Real Estate Agent
  • Fountain Valley, CA
  • Posts 83
  • Votes 27

Hi BP,

So I'm planning on buying my first home around the end of the year and I would like to allow my girlfriend to live with me. 

We have been going out for about 6 months and I was wondering if I should create a rental agreement and treat her like a tenant, or consider her like a spouse and just hope for the best if things don't work out. 

Additional notes:

I live in CA. My girlfriend won't be putting any money into the property and won't have her name on it. She has a steady job and can pay the needed rent.

Any advice on this will be greatly appreciated. Thank you!