Moving In Together - A Legal Checklist
Moving In Together - A Legal Checklist
By Roger McCaffrey-Boss
Copyright by Gay Chicago Magazine and Roger McCaffrey-Boss
August 21, 2007
Q: My partner and I are planning on buying a house together and combining our finances. What kinds of things should we be thinking about to protect our relationship?
A: Agreements do not have to be drafted and executed every time two people decide to live together or to help each other financially, but when decisions are made that involve long periods of time and serious financial commitments, you should document your intentions.
Partnership/living together agreements. LGBT couples should reach an agreement that covers the economic aspects of the couple’s life. Their assets, their present and future earnings, children, inheritances, expectations and hopes of each member regarding their own and each other’s property. Such an agreement should specifically state who owns what individually, what is owned collectively and whether joint property is owned by all parties in equal shares or in shares proportional to their economic contributions.
Who pays what proportion of the common expenses - housing, food, laundry, phone and electric, etc. And what happens to the house in case of a split.
Durable powers of attorney for property and healthcare power of attorney. A power of attorney can be used by one individual (the “principal”) to grant another (the “agent”) the right to act on her or his behalf. You can use a durable power of attorney to authorize your partner to make business, financial or medical decisions for you (e.g., selling your car, cashing your paycheck, or authorizing surgical procedures) if you are ever disabled.
Having a healthcare power of attorney requires healthcare providers (doctors and hospitals etc.) to follow the directions of your domestic partner. This document prevents the nondisabled partner from being frozen out of medical treatment decisions or being denied the right to visit their lover in a hospital or nursing home.
Guardian. You can use the same powers to designate your lover to be the guardian of your person and estate (property) if you are ever adjudicated in a court proceeding to be a disabled person.
Funeral directions. In Illinois, it is the Disposition of Remains Act that allows you to sign an Appointment of Agent to Control Disposition of Remains. That document and the healthcare power of attorney empowers your LGBT partner to make burial and funeral arraignments upon your death. Without such authority, the funeral director would have to obtain written consent from a blood relative.
Wills. Wills declare who should have your property (everything you own) when you die. All states have laws declaring how your property will be distributed if you do not have a will. These laws generally provide that all your property goes to your spouse; if you have no spouse, then to parents; if you have no parents, then to siblings, etc. Thus you must leave a will if you want to have any control over what is given to whom, specifically if you want your partner or lover to inherit from you.
This is a good beginning to protect your relationship.
Roger McCaffrey-Boss is a graduate of Hamline University School of Law, St. Paul, Minnesota, and is a member of the Chicago Bar Association. You can e-mail him at RVMLAWYER@aol.com. He suggests that you consult your own lawyer for any specific questions regarding the issues raised in this column.
By Roger McCaffrey-Boss
Copyright by Gay Chicago Magazine and Roger McCaffrey-Boss
August 21, 2007
Q: My partner and I are planning on buying a house together and combining our finances. What kinds of things should we be thinking about to protect our relationship?
A: Agreements do not have to be drafted and executed every time two people decide to live together or to help each other financially, but when decisions are made that involve long periods of time and serious financial commitments, you should document your intentions.
Partnership/living together agreements. LGBT couples should reach an agreement that covers the economic aspects of the couple’s life. Their assets, their present and future earnings, children, inheritances, expectations and hopes of each member regarding their own and each other’s property. Such an agreement should specifically state who owns what individually, what is owned collectively and whether joint property is owned by all parties in equal shares or in shares proportional to their economic contributions.
Who pays what proportion of the common expenses - housing, food, laundry, phone and electric, etc. And what happens to the house in case of a split.
Durable powers of attorney for property and healthcare power of attorney. A power of attorney can be used by one individual (the “principal”) to grant another (the “agent”) the right to act on her or his behalf. You can use a durable power of attorney to authorize your partner to make business, financial or medical decisions for you (e.g., selling your car, cashing your paycheck, or authorizing surgical procedures) if you are ever disabled.
Having a healthcare power of attorney requires healthcare providers (doctors and hospitals etc.) to follow the directions of your domestic partner. This document prevents the nondisabled partner from being frozen out of medical treatment decisions or being denied the right to visit their lover in a hospital or nursing home.
Guardian. You can use the same powers to designate your lover to be the guardian of your person and estate (property) if you are ever adjudicated in a court proceeding to be a disabled person.
Funeral directions. In Illinois, it is the Disposition of Remains Act that allows you to sign an Appointment of Agent to Control Disposition of Remains. That document and the healthcare power of attorney empowers your LGBT partner to make burial and funeral arraignments upon your death. Without such authority, the funeral director would have to obtain written consent from a blood relative.
Wills. Wills declare who should have your property (everything you own) when you die. All states have laws declaring how your property will be distributed if you do not have a will. These laws generally provide that all your property goes to your spouse; if you have no spouse, then to parents; if you have no parents, then to siblings, etc. Thus you must leave a will if you want to have any control over what is given to whom, specifically if you want your partner or lover to inherit from you.
This is a good beginning to protect your relationship.
Roger McCaffrey-Boss is a graduate of Hamline University School of Law, St. Paul, Minnesota, and is a member of the Chicago Bar Association. You can e-mail him at RVMLAWYER@aol.com. He suggests that you consult your own lawyer for any specific questions regarding the issues raised in this column.
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