If I help someone pay their mortgage, can they kick me out of the house?

by | Jan 12, 2021 | Ask the Lawyer | 0 comments

Question asked on June 2, 2020

Q: I have been paying for an SUV that he bought for me but still under his name and when he gets angry he takes away the key and I have to Uber to work and I’m tired of him kicking me out when I pay HIS full mortgage..NO I don’t have proof because I give him cash and he deposits into his account because he claims that a money order takes 3-5 days to clear and the times that I did give him a money order he threw an angry fit and I was too scared to make that mistake again, but I do have statements of the money coming out of my account and he has his statements showing money going in, isn’t that enough proof? Now he wants to sell the house and he wants to keep his money and said that he will make sure he doesn’t pay me any child support! what are my rights? we’re not married but been living together for 10 years

A: Who is on the mortgage does not matter — ownership has to do with who is on title (the deed).  After ten years and having children together yes, you have claims to make.  Take a look at the material posted regarding the rights of unmarried cohabitants as to property posted here, and child support and custody here and here.  You need more than can be provided in an email, however; please call any time during regular business hours and speak with one of our lawyers, and we will see what we can do to assist you.

Frequently Asked Questions

If I help pay the mortgage but I'm not on the loan, can my partner kick me out of the house?
Being on the mortgage is not what matters; ownership of a home depends on who is on title, meaning the deed. If your name is not on the deed, you are not a legal owner, but after ten years of living together and raising children, Nevada law still gives an unmarried cohabitant claims to make for contributions to the home and other property. Those claims have to be asserted in court; they do not arise automatically.
Do unmarried couples have property rights in Nevada when they split up?

They can. Nevada does not recognize common-law marriage, but unmarried partners who lived together for years, pooled money and contributed to a home or other assets can bring claims based on their express or implied agreement to share property, sometimes called palimony or cohabitation claims. Bank statements showing money leaving your account and entering your partner’s account can be evidence of those contributions even when payments were made in cash.

Can the father of my children refuse to pay child support because we were never married?
No. Child support in Nevada does not depend on whether the parents were married; it is owed by a parent under the state’s child support guidelines once paternity is established, and a parent cannot opt out of it by selling a house or keeping the proceeds (NRS 125B; NAC 425). Custody and visitation are decided separately under the best-interest standard. Willick Law Group can review your situation in a consultation.
Marshal S. Willick
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