Can my girlfriend take our house if we were to break up? 1 Answers as of August 03, 2011I want to purchase a house because the market is good. I'm worried that my relationship with my girlfriend will not last. We have a 1 year old daughter together so I am worried that if we do split I might be kicked out of my house and forced to still pay for it "for the benefit of my child". I have heard of this happening in marraiges but we are not married or even engaged for that matter. Is there any legal way for her to take the house from me in case we split up?
Law Office of Richard B. Kell | Richard B. Kell
So long as you remain unmarried, and the house/mortgage remains in your name only, your girlfriend would not be entitled to the house in the event of a break-up. However, if you tie the knot, then marital property rights would kick in and your house would be in the cards. For that reason, I would strongly suggest that you insist on a prenuptial agreement if you ever decide to get married. I hope this helps to answer your question.
Answer Applies to: Massachusetts