Right about now, I know that Jessica Simpson is probably sitting over in the corner ‘salty as hell’. And don’t sleep, I FEEL her pain. How many of us have been in a relationship with someone who did something ‘COMPLETELY STANK’ at the wrong time? Now, I’m not casting judgment on Tony Romo because I don’t know what he did or did not do. However, I fully understand how it feels when you are put in that funky fly situation and it feels like you are picking your face up off the ground.
Unfortunately, the reincarnation of Ms. “Daisy Dukes” herself is not the first person to go through a painful breakful in a very FOUL way. We spend alot of time looking at the devastating and financially crushing divorces of married couples. However, we don’t stop for a second and look at how crucial ‘breaking up’ with a boyfriend or girlfriend may be from a legal perspective:
1) The LEASE is LETHAL, part 1: Residence. You’ve met that special person and now, you have decided to move in together. Well, let me tell you something wild. When their name is on the lease, unless there is a court order instructing them NOT to be in the residence, they have JUST as much legal right to be there as you. So keep THAT in mind, when you decide to flex and lock someone out of the apartment or home to prove a point OR if you decide to tell them they have to stay somewhere else.
2) The LEASE is LETHAL, part 2: Credit & Finances. Now, if you KNOW you can’t afford a place by yourself, why would you SWELL Up, put someone OUT of the place, and then EXPECT them to keep paying their portion of the rent???? You feel me on that logic? In the grand scheme of things, when you co-sign on a lease (or a mortgage), you BOTH are on the hook to make sure that thing gets paid. So if one person refuses to pay, guess who has to take up the slack.
3) The LEASE is LETHAL, part 3: Eviction. Ok, so you both decide to get stank and neither of you are going to pay. So you get evicted! You’re cool with that?? Good. Recognize, in some states, that eviction will remain on your credit for about 7 years (that’s right, SEVEN YEARS) and don’t nobody wanna hear about how your man tipped out with that trifling female or how you caught your girl with your boy! blah! blah! blah! The only thing that matters is that for whatever reason, you stopped paying the rent.
4) You may not be able to put them out! OH, so you think that if you avoid putting the person on the lease or mortgage then you should be fine? Again, check your laws in your state. In some instances, if a person can establish that they have been residing in the residence for a period of time, you may not be able to evict them (either forcible or legally) unless their is some allegation of abuse or other criminal activity.
5) JOINT accounts may get with you. Live by the joint credit accounts / die by the joint credit accounts. So you want to put your money together? That’s cute. You get a few joint credit cards. You have a few joint bank accounts. Then, all of sudden, BAM! The relationship goes sour and then what happens. One person runs up the credit card while the other is stuck with the bills. One person cleans out the joint account. All in one fell swoop, everything is lovely and then, NOT!
6) What is your property rights in a home you both bought together? Check the laws of your states as it relates to your property rights if you and your significant other decide to buy a home. Most marriages fall under the legal concept of either “Joint Tenants with Rights of Survivorship”. However, some persons can obtain a “Tenants by Entirety”. Joint Tenants with Rights of Survivorship basically means that both the husband and wife share equal property rights as one and if one dies, the surviving spouse receives the deceased property rights in the home. Tenants by Entirety pretty much has the same effect where both tenants are viewed as one and when one passes, the surviving tenant receives the deceased property rights in the home. However, when purchasing a home, you may have a “Tenants in Common” property right. Each party has a 1/2 interest (if there are two tenants or 1/3 if there are 3, etc.) in the property. So what do you think will happen if someone moves out and the remaining person sells the home, that other person is going to want their half.
7) Personal Property, their’s, mine, or ours?? Oh yea, this part is where it REALLY gets stank! You’ve bought things for each other. it’s been lovely. Now, you are trying to decide to what is yours and what is mine and who is titled to what. Never cute.
The simple breakup (if there is such a thing) is where both party walks away and still remain friends with no messy legal consequences. However, when you factor in the number of couples who co-habitate and mix / mingle funds and assets, you can quickly see how some couples’ situation can be just as messy as divorce.
