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Legal issues in this lifestyle


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Legal issues in this lifestyle - 5/23/2011 11:10:29 PM   
Iamsemisweet


Posts: 3517
Joined: 4/9/2011
From: The Great Northwest, USA
Status: offline
How have people dealt with property divisions when poly relationships dissolve? In other words, when the 3+ people have acquired real estate or other property in the course of a relationship, and one partner decides to leave or the whole relationship dissolves, what has worked and what hasn't when it comes to dividing property? Is it typical to have some sort of contract? Do courts enforce these contracts? How do state matrimonial laws enter into the equation?

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The Cat: Oh, you can't help that. We're all mad here. I'm mad. You're mad.
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RE: Legal issues in this lifestyle - 5/23/2011 11:53:49 PM   
petmonkey


Posts: 1049
Joined: 7/7/2009
Status: offline
Some random statements:

In the past, If i walked into the relationship with it, i walked out of the relationship with it.

If we bought something together (or separately) and it was gifted to one person to use, it was that person's property.

If we bought something together that was a big ticket item and it was used by all of us, we sold it to an outside party or the member of the family who wanted it most bought the other people's shares (outright or on a payment plan).

If we bought something together that was a big ticket item and it was to be used by all of us, all of our names went on the title or loan or other relevant legal/financial documents, so that all of us were responsible for it [see statement above].

Marriage & Family law only applies to the married couple and their legal offspring.  Third party members have no "right by association", last i checked anyway.

You can create a legal co-habitation contract between multiple adults, it can help in court for financial/property ownership stuff but not for custody stuff.

You can create a legal custody contract between multiple adults, so far the courts have ruled in favor of blood parents, last i heard anyway.

Business law can be adapted to multiple adult living situations, by-the-by.  Look into how communes do their business, you'll get a more precise idea of how various group families have set themselves up legally.

i heart Mediators, they can be a welcomed calm in the center of a storm if people are overwhelmed by the break-up and acting out, you can find them through poly support groups, poly aware therapists, your family's lawyer, etc.


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RE: Legal issues in this lifestyle - 5/24/2011 3:03:11 AM   
ranja


Posts: 2111
Joined: 11/1/2007
Status: offline
These should be business deals and a proper contract should be made up.

If three people own a house and one leaves, then the one can sell their part to the two remaining people...
if they can not afford it then maybe another can be found to buy the third...
or the whole house has to be sold and everybody gets their share.

If you have no paperwork to prove you own a third of the property...
i think you are snookered

< Message edited by ranja -- 5/24/2011 3:06:16 AM >

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RE: Legal issues in this lifestyle - 5/24/2011 4:44:29 AM   
BonesFromAsh


Posts: 1358
Joined: 6/17/2010
Status: offline
No long term (only short term/no legal involvement) poly experience...yet...but I do have a few links that you might find interesting:

Living Together-A legal Guide For Unmarried Couples

A Legal Guide For Lesbian & Gay Couples

http://www.unmarried.org/legal-financial.html....this site has lots of links/resources for all kinds of alternatives to traditional m/f marriage dynamics.

This is more pre-dissolvement as opossed to post information, I know, but I like to be preparred...if possible.

< Message edited by BonesFromAsh -- 5/24/2011 5:02:44 AM >

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RE: Legal issues in this lifestyle - 5/24/2011 12:05:37 PM   
penelopebound


Posts: 13
Joined: 5/5/2011
Status: offline
Good question and answer thanks guys!

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RE: Legal issues in this lifestyle - 6/7/2011 3:46:32 PM   
0ldhen


Posts: 2218
Joined: 12/27/2010
From: Henhouse in Trolltopia, Harleyville USA
Status: offline


I am a firm believer in legal documents, the three of you purchase property together, it goes in all all three names. Though the monkeys list pretty much is one I would use. Hi monkey!!!

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RE: Legal issues in this lifestyle - 6/9/2011 4:39:17 PM   
analyticalmaster


Posts: 39
Joined: 1/1/2004
Status: offline
Always buy real estate with joint tenets in common, then if someone passes, there are no legal issues on the house.  We have found that it is best to have separate accounts, but my girls always had a way to gain access, if something happened to me.  Usually by having a check card tied to my name, that they could go online and transfer money into.

We just lost a member of our triad to heart attack and she was the slave who did the most with bills and whatnot, trust me this is hard even for a Dom

(in reply to 0ldhen)
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