Q: Within the next year, I will be purchasing property in the District of Columbia. The property and the mortgage will be in my name, but my boyfriend will be living in the property with me. Is there a domestic relations law that would allow the house to be split and sold if in the future, we should split up while we are both living in the property? Is there some way that I would have to relinquish half of my rights or ownership in the property because he will be paying half of the mortgage and utilities?

A: So long as you will be the only one on title, you need not be concerned that you will lose the house, or even a portion of it. However, as an ounce of caution, you and your boyfriend should enter into a written agreement, spelling out your respective rights and responsibilities.

Your boyfriend will be paying half of the mortgage and half of the utilities. Does he have any interest in obtaining half of the property in the future – whether or not you stay together as a couple? Does he believe that he will be obtaining any ownership rights because he is making these payments?

What about furniture? Will you be furnishing the entire house, or will your friend share in these expenses?

What happens should you decide to split? Will you be able to afford to carry the house on your own, or will you need to get a roommate to assist you financially?

If both of you were to go on title, the law is universal in the United States. The courts will not allow two or more people to own property together, when one of the parties wants out of the relationship. This is called a “partition suit,” where one owner sues the others to force a sale of the jointly held property.

According to many legal commentators, “partition is a right much favored,” since it is designed to promote peace. Once the litigation is over, while the parties may continue to feud and fuss at one another, at least the property issues will have been resolved.

But since you will own the property in your own name, as “sole owner”, partition is not applicable. You do, however, want to avoid giving your friend any opportunity to claim an interest in the property, and thus – while you are still talking to one another – now is the time to prepare (and sign) a written agreement spelling out all of the various issues which can arise from your living arrangement.

Here are some of the issues which should be discussed, agreed upon and then reduced to a written document:

Published: November 25, 2002

Use of this article without permission is a violation of federal copyright laws.

Author of the weekly Housing Counsel column with The Washington Post for nearly 30 years, Benny Kass is the senior partner with the Washington, DC law firm of Kass, Mitek & Kass, PLLC and a specialist in such real estate legal areas as commercial and residential financing, closings, foreclosures and workouts. Mr. Kass is a Charter Member of the College of Community Association Attorneys, and has written extensively about community association issues. In addition, he is a life member of the National Conference of Commissioners on Uniform State Laws. In this capacity, he has been involved in the development of almost all of the Commission’s real estate laws, including the Uniform Common Interest Ownership Act which has been adopted in many states.