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If I share a home with my partner for over 20 years and helped pay for upkeep and expenses, am I entitled to the property when

Sun City, CA |

he dies? We live in California and never married, but he told me, friends, and family that he was leaving me the house. We moved in together when it was new over 20 years ago. He never changed the will and it went to his two kids, but I'm still living in it, paying the taxes, the HOI, all repairs and expenses.

Attorney Answers 3


  1. Not likely. You would only be entitled to keep the property if your name was on title, in his will, or as a beneficiary in a living trust. It wouldn't matter if you paid the taxes, insurance, repairs and maintenance.

    Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.


  2. I agree with the prior attorney. In addition, please be aware that you cannot deduct the real estate taxes on your income tax return as you are not the owner of the property. To be sure that you have no rights consult with a CA estates attorney.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  3. You might be able to come to an agreement with the kids, however you are not *entitled* to the property if you were not either (1) on title, (2) designated to receive it in the will, (2) married to your partner, or (3) in a registered domestic partnership. The best you can argue for is a refund of your contribution to the property, but it would be a hard sell - contact a local probate attorney with the facts and ask for a consultation.

    Responses to questions on Avvo are for informational purposes only and not to be considered as legal advice; the forum does not provide sufficient information for a lawyer to provide well-considered legal advice. The Law Office of Daniel K. Printz provides legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with this firm. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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