Can my boyfriend claim ownership of my condo if we break up?
- Worst case scenario: He could take legal action to recoup his rent payments and compel a sale of the condo
- Consider drawing up a rental agreement or not having your boyfriend contribute to your apartment costs
I own a condo and my boyfriend lives with me and pays me rent. I'm not sure where our relationship is headed. If we split up, is there any way he could claim partial ownership of my condo? How can I avoid such a situation?
It's possible he could make such a claim if he contributes to the costs of maintaining the condo, our experts said, but you can take steps to protect your ownership.
However, you should already be shielded to some extent from this kind of scenario, as most condo boards have the right of first refusal written into their bylaws, which gives them a say in the transfer of ownership of an apartment. Co-op boards have even more control, and a more rigorous approval process; any spouse or romantic partner whose name isn't on a lease would have to be officially approved by the board to become a co-owner.
[Editor's note: A previous version of the article ran in September 2019. We are presenting it again with updated information for February 2025.]
"If you are the only name on the deed, you are the owner," said Deanna Kory, a broker at Corcoran. "The board won’t recognize another owner unless they have been put on the deed, submitted all the documentation necessary, and went through the waiver process, so technically there is no danger."
However, without any kind of agreement in place between you and your boyfriend, you do run the risk of him demanding payment—possibly through a lawsuit—should you split up. If he is paying you rent that is going toward your mortgage, for instance, he could make the argument that he is therefore entitled to some ownership of the condo.
"If the boyfriend has contributed to the cost of the purchase or upkeep of the condominium, he could bring an action seeking to recoup the value that he has added," said Jeffrey Reich, a partner at Schwartz Sladkus Reich Greenberg Atlas. "The boyfriend could seek a constructive trust of the apartment and potentially compel a sale."
It may not be very romantic, but the best way to avoid a messy legal battle following a break up is to have a written agreement in place.
"It would make sense for the couple to have an apartment ownership agreement prepared, which should specifically address the rights, obligations—financial and otherwise—and interests of each of the parties," Reich said.
You can find templates for such agreements online, but it's best to hire a real estate attorney to make sure you are fully protected from any claims your boyfriend could make against you.
You can also try to avoid a conflict by not having your boyfriend contribute to your housing costs at all.
"It would be better to have the boyfriend pay for non-apartment-related expenses such as groceries, date nights, vacations, etc. If the boyfriend does not contribute to the maintenance, upkeep, and operation of the apartment, it would minimize the likelihood of his succeeding on any such claim," Reich said.
Trouble at home? Get your NYC apartment-dweller questions answered by an expert. Send your questions to [email protected].
For more Ask an Expert questions and answers, click here.
—Earlier versions of this article contained reporting and writing by Alanna Schubach.
