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TravCity

Live in boyfriend suddenly dies and rights for girlfriend

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This is tough.    And the hope is to not ruffle family and friends and to remain as friends for life.    Our daughter's  live in boyfriend died suddenly recently.  The home they lived in was owned by her boyfriend.  I do not know if he had a will but suspect he did not.   His family and mom live in the same city.   The couple shared in paying the mortgage.  The mom of our daughters boyfriend already took the boyfriends dog even though they both cared for him and has been over to the house taking items from the house and she has keys to the house.  She the mother was also a business partner with our daughter's boyfriend.   Some of the stuff she took was not hers but most likely a mistake and was of minimal value.    She is a good person but this is just hurting our daughter in that people enter the house she lives in and take stuff.  How do we handle this diplomatically.  So the house is owned by the deceased boyfriend.  What are our daughter's legal rights.   How long can she stay here.  They did pay the Oct mortgage bill.  We so want this to work out amicably.  But it seems like our daughter is being trampled on by the mother who seems to think she is the only person grieving.  They even came over today and took some frozen food prepared by the boyfriend for a special tribute family meal.   Our daughter and her boyfriend spent a lot of sweat equity in fixing up the house which he owned such as flooring,  windows and painting but the cost of goods was paid for by the boyfriend.   Thanks for thoughts.  

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Unfortunately, since they were not married and the legal title to the house is in the boyfriends name, the house will have to go through probate. If there was no will, it will pass intestate. In most states it would pass to the children, if any, then to the parents. In no state would it pass to the live in girlfriend. She can stay there until and administrator or executor requests her to leave, then she will have the legal amount of time to move out, usually 30 days or longer if the adminstrator agrees.

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12 hours ago, TravCity said:

I need to add that the mortgage is/was paid by the boyfriend but our daughter paid half to her boyfriend. 

 

Your daughter paid rent. Legally, she was no more than her boyfriend's tenant. This is addressed in Colorado statute 13-40-107(3): (3)

 

"Any person in possession of real property with the assent of the owner is presumed to be a tenant at will until the contrary is shown."

 

She has no rights to anything unless she has a receipt with her name on it showing that she purchased. If she feels that anything belongs to her, she'd better get it out of the house and put away someplace else.

 

13 hours ago, TravCity said:

How long can she stay here.

 

Depends on how long she was living there. She would have to be given written notice in accordance with 13-40-107(1):

 

(1) A tenancy may be terminated by notice in writing, served not less than the respective period fixed before the end of the applicable tenancy, as follows:

(a) A tenancy for one year or longer, three months;

(b) A tenancy of six months or longer but less than a year, one month;

 

http://www.tenant.net/Other_Areas/Colorado/crs/107.html

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14 hours ago, TravCity said:

How do we handle this diplomatically.

 

We?  While I understand your concern for your daughter, this situation has nothing to do with you.

 

 

14 hours ago, TravCity said:

How long can she stay here.

 

As long as the executor of the boyfriend's estate allows it.

 

The bottom line here is that your daughter's legal status is that of a tenant, so she may be evicted in accordance with the applicable state law (which, according to the statute in the prior response, appears to be seven days since I assume there was no lease between your daughter and her boyfriend, although the statute is ambiguous as to whether "tenancy" refers to how long the tenant has lived there or the length of the tenancy under a written or verbal agreement).  She is entitled to those items of personal property that she owns.  Things that she and her boyfriend bought together will require division between her and the boyfriend's estate.  Unless her boyfriend had a will, she is entitled to nothing from his estate.

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"Girlfriend" is not a legal distinction and does not grant her any rights to the house or estate unless she is specifically named in a law. I understand she is grieving, but it would be best for her to find other living arrangements. She may only take personal property with her. Anything which was owned by the bf would belong to the estate.

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By the way, I disagree with this statement:

 

2 hours ago, adjusterjack said:

She has no rights to anything unless she has a receipt with her name on it showing that she purchased.

 

While receipts of this sort would be helpful if there is a dispute, her rights are not dependent on the existence of receipts "with her name on [them]."  In the event of a dispute, if she credibly testifies that she bought the toaster and executor of the estate can offer no contrary evidence, then that should be sufficient to prove her ownership.

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Thank you all for such valuable advice and  pg1067 we thank you also.   The WE is myself, my wife, and my daughter.  Certainly I know that my wife and I have nothing to do with any legal ramifications.  We are staying with our daughter for a number of weeks to help her get into the healing.   Her boyfriend was our friend as well and we miss him.   His family (extended- sister brother mother aunts and uncles) live here.  We are here from Michigan to support our daughter and our boyfriends family as well but our daughter seems to be getting short shift and the mom is in a control freak situation.  And she is grieving so much as well.  

 

And I might mention that she wants to move in her son into the house soon.  Our daughter is a friend of the brother and may not have a problem with this.   But it is all happening way to fast.  We collectively talked about taking small steps but the mom is a control take charge type person and will most likely be pushing this soon (like as soon as my wife and I leave for home back in Michigan).  Our daughter is a school teacher and can not afford an equivalent home without a room mate.   Again thanks for all the advice.   Hope we can keep this civil.  

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54 minutes ago, TravCity said:

our daughter seems to be getting short shift

 

The phrase is "short shrift" but your daughter is not getting short anything because she had no rights to anything in the first place. What she's experiencing is one of the many unfortunate consequences of living with someone that one isn't married to.

 

56 minutes ago, TravCity said:

Our daughter is a school teacher and can not afford an equivalent home without a room mate.

 

Then she gets a furnished studio or efficiency apartment until she can afford to buy a home of her own or goes back to live with you.

 

Most of us out here have had to do that at one time or another.

 

The reality is that the best thing you can do for your daughter is encourage her to move out of that place as soon as she can and start getting on with her life.

 

The boyfriend's family holds all the cards.

 

 

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