funny - i own a house with my soon to be ex boyfriend.....he's taking me to court, trying to say we are common law married since we own the house - and now i find out - his ex wife bought a house - in her name - and i'm sure that he is living there.....but, after several years of dating this guy - how can he do this?
2007-01-08 04:45:17 · 12 answers · asked by regis 1 in Family & Relationships ➔ Marriage & Divorce
You need to consult with an attorney concerning property rights and definition of common law marriage in the state where you live. Also, a lot will depend on if you own the house as joint tenants (where if one of you dies, the property becomes that of the surviving owner) or tenants in common (where whatever interest you have in the property goes to your estate, not the surviving owner).
Also, a court may consider how the household bills were paid, if you both paid the mortgage equally, etc. Your best bet is to hire an attorney and end all communication with your ex. You don't want to give him any ammunition.
Forget about " how can he do this"; he's doing it and you need legal counsel. Even if he's just blowing smoke, it would be better for you to take the initiative and make this a done deal.
2007-01-08 04:53:15 · answer #1 · answered by Le_Roche 6 · 0⤊ 0⤋
If you entered into a contractual agreement together, then he is right that you are common law married. That's the law and there isn't much else you can do but get an attorney and try to keep the bleeding to a minimum. It sounds like he is going after stuff and you are going to need to protect yourself. you may be entitled to alimony, if he is earning more money than you, depending on how long you are considered to have been common law married. This will probably be from the time you signed the contract for the house.
Just let this be a lesson for the future. Before you start buying items like this with boyfriends, you better make sure he is the one and go ahead and get married.
2007-01-08 12:53:43 · answer #2 · answered by PDH 4 · 0⤊ 0⤋
Umm, well lets see. Common Law Marriage is when two people live together under the same roof for x-amont of time. (it differs from state to state)
Example:
Alabama Law states (to the best of my knowldge) That to be considered common law married, the couple must live together for 6 consecutive months. Common law marriage has NO LEGAL MERRIT WHAT SO EVER.
The ONLY way he can take you to court is if you signed loan papers. But by no means is this going to be dirvoce hearing.
And how can he move back in with his ex wife? Easy..you two didn't work out some dumb issue, and he went to find comfort where he KNEW he could find it. Simlpe as that...
2007-01-08 12:52:40 · answer #3 · answered by Pandora 6 · 2⤊ 0⤋
How can he do what?All he wants is his part of the money from the house. He has that right. It has nothing to do with feelings. He not thinking about his love he had for you all hes thinking of green. And he wants his share. Your the only one thinking with feelings.And the ex who brought a house, so what. Why does that bug you? In you should be thank ful that you didn't married this man or have kids and that you only brought a house with him. Get your part in move on. In don't that sound funny years of dating in never married. Learn from this. Don't feel to sorry for your self. In when you go to court look your best, stand tall, keep your head straight in never look at him direct. Do that more so if the ex is there. Show your self to be smart, and over him. For that moment you need to put your feelings aside for him. And be professional about. And go read ten stupid things women do to mess up their lives by Dr. Laura C. Schlessinger
2007-01-08 13:12:30 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you lived together for several years, you may indeed be considered married by common law! However, if he is not living with you now, there should be no problem.
Your best course is to sell the jointly owned house and split the proceeds 50/50! Common law marriage won't affect that.
2007-01-08 12:56:32 · answer #5 · answered by AnnieD 4 · 0⤊ 0⤋
I hope you are spending time retaining legal counsel, and not just relying on responses to this question through this site. You need to keep your business private and talk to a lawyer ASAP. Prepare for the court battle as you have no choice. Your lawyer will probably advise you to stop communication with your ex and to discuss this matter only with the lawyer. Married or not you have to partition the real property and this could involve a forced sale. So, don't wait with the hope that this will resolve itself. Get legal help now!
2007-01-08 12:58:24 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Good for her, she is smart that she brought the house on her own name and to have him move in to pay the bill SMART WOMAN
now what your point if he is taking you to court that mean you guys are already X
sale the house and do like the X wife buy a house on your own and not with someone else it is much easier when it time to kick his as.. out
2007-01-08 12:54:11 · answer #7 · answered by waiting for baby 6 · 0⤊ 0⤋
Depending on the state in which you live..
You may be common law married..
Common law does not have as many rights as legal marriage
but in many states it comes very close...
You probably need to talk to a lawyer on this one..
2007-01-08 12:54:33 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Why would you buy a house with someone who isn't even your husband? It's possible that you two are common law, you better look up the laws in your state.
2007-01-08 12:50:01 · answer #9 · answered by Lovebug123 5 · 2⤊ 0⤋
Do you have an attorney to which you can direct this question? If not then get one.
2007-01-08 13:13:58 · answer #10 · answered by cfalways 5 · 0⤊ 0⤋