I'm currently going through a break-up with my boyfriend of 11 years. 3 years ago I inherited a property when my father died, and I am now in the process of selling it. My boyfriend says, as a commonlaw spouse he's entitled to half. Is this correct?
2006-06-30 19:08:43 · 7 answers · asked by Q405 1 in Family & Relationships ➔ Other - Family & Relationships
If you're from the UK, the so-called common law spouses have no (automatic) legal rights to anything that they've not contributed to or have joint ownership of.
they are trying to change this law now, so that if you have been together for 2 years+ you have the same rights as marrieds - but it ain't happened yet
2006-06-30 19:28:06 · answer #1 · answered by Anonymous · 0⤊ 0⤋
What you are talking about is a form of "palimony". California coined that one....
If you have been the major or sole support during your relationship, then it is possible if he retains an attorney that he may be entitle to a portion of the proceeds or a settlement. If you have and you can prove that he is financially self sufficient and always has been, and you do not have his name ANYWHERE related to the property, possibly he will have a very hard time trying to get some of it. It also depends on how the property was left to you; In a will, through a trust , etc. Frankly, I would retain an attorney YESTERDAY on this one.
Do you have kids together? This also could make a big difference especially if he has custody, then he could seek a portion as "support".
Get an attorney, even if nothing else to consult with. Bring any and all papers regarding the property, your mutual assets, your financial records, etc.
Good luck...
2006-07-05 19:24:58 · answer #2 · answered by jv1104 3 · 0⤊ 0⤋
If you have never filed tax returns together you are for the most part...safe! Look up the laws in your state. If you have filed usually your ex can expect the same rights as a divorcee.
2006-06-30 19:27:42 · answer #3 · answered by ? 4 · 0⤊ 0⤋
I don't think so, unless you went and signed papers at the court house, you still have to do that to be common law. I'd ask a lawyer just to be safe though.
2006-06-30 19:17:36 · answer #4 · answered by ? 6 · 0⤊ 0⤋
not yet but soon they may make it so. if you were living in the property it is more likely. my husband tryed that one on me but he did not get any thing. my seliciter sugested I devorce him to avoid him makeing a claim when I dieid
2006-06-30 19:56:26 · answer #5 · answered by Sam's 6 · 0⤊ 0⤋
in England and wales there are no rights for "common law" couples on eachother's estates. not sure of other areas tho
2006-07-01 03:21:09 · answer #6 · answered by greeny12004 2 · 0⤊ 0⤋
YOU DON'T SAY WHERE YOU ARE FROM. THAT IS IMPORTANT BECAUSE MOST STATES DON'T HONOR COMMON LAW MARRIAGES. IF YOU LIVE IN A NON-COMMON LAW STATE, YOUR B/F WOULD HAVE NO TITLE TO IT. GOOD LUCK.
2006-06-30 19:16:00 · answer #7 · answered by sinned 7 · 0⤊ 0⤋