So I've been w/ my current girlfriend close to 7 years now. We did everything backwards in that we had a child together, bought a house, but haven't married. We bought a house together about 2 years ago, but it was bought solely in my name. Now, things aren't working out and some of the ugliness is coming up that comes with the end of a relationship. She claims that she spoke to a lawyer and that she can force me to sell the house and split any profit with her since she "has been helping pay the mortgage". Here is my thing, I am the one financially responsible, and I don't want to sell it since I can afford it on my own. Also, I did some reading that stated the possibility of the courts recognizing our relationship as something similar to a marriage in respect to property acquired while together. However, she never legally divorced from her first husband because he's military and got spousal supp. Advice? Is anyone by chance a lawyer that could give advice. Im in TX btw
2007-02-12 07:32:37 · 12 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Edit - Any other feedback on this? Thanks for everything so far, it's been good advice.
2007-02-14 01:16:08 · update #1
It will depend on the laws of the state on defining "common law marriage" and then the division of property. If she has never been divorced from her husband for the purpose of collecting support payments, I think it will be difficult for a court to declare a common law marriage since it would create bigamy. It also doesn't set a good precedence for her character. The other issue on the house is how it is titled (deeded). If it is just in your name and TX is not a community property state or a dower state then it is your property. The other two would only come into play if the court could declare a marriage.
I would get a good attorney. Interview a few, get referrals, and find one you feel comfortable with. BTW there are attorneys out there that give bad legal advice and/or tell people what they want to hear. My ex dragged us back into court concerning the spousal support he was paying to me. I told him not too and why the court would not make the modification. But smug and on the advice of his attorney that he would win, he did it. Well he lost and had all the court costs, still had the same child & spousal support, and more of the other costs we originally agreed on for the children. So don't believe everything that comes out of her mouth. People think they can get what they want throwing the law around which doesn't always work. Hang in there.
2007-02-12 07:54:15 · answer #1 · answered by Margaret K 3 · 0⤊ 0⤋
I'm not a lawyer but I think you should consult with one to see what your rights are. I do know that common law marriages are recognized in most states but every state has their own terms. I would think if she help with money to purchase, maintain and mortgage the home that she has rights.BUT the fact that she is legally married to someone else can change that issue as well. No to mention she is married to someone else and has a child with you...THAT is also an issue because in some states when a wife has a child for someone while married, the courts recognize the child as the husband. Good luck and let me know how it turns out.
2007-02-12 07:43:02 · answer #2 · answered by Mean Carleen 7 · 0⤊ 0⤋
no since her name is nt on the mortgage & on the deed she ain't due nothing dude. don't give her any money. she cry all she wants. she's nt ur wife. she's just a gf not the ex wife. the only reason why she wants some proceeds is that she sees u haved moved on with another girl & ur happy & some people don't want to see other people happy. don't give this girl anymore money than the court allows u dude too. if u want put some extra money into a bank acct for ur son, then great. make sure she doesn't touch any money. when u do speak to her don't tell her howm uch ur making as terms of money. give her a low ball figure so this golddigger can't take anymore. u never let a gf live in ur house for that long anyways dude. 7yrs u guys were together no way. in some states there is still common law marriage. next time u decide to have a gf & u own ur own house u first need to find out ur state's common law marriage laws & then u never let a woman stay in ur house that long if u have no intention of marrying her.
2016-05-24 01:57:33 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I would think that since she never divorced her first husband, they cannot recognize this as similiar to marriage as it would be against the law to be married to two people at the same time. If your name is the one on the house and the deed and the mortgage payments, hopefully this will not be an issue. I would spend the money and talk to an actual lawyer in TX.
2007-02-12 07:38:03 · answer #4 · answered by mayihelpyou 5 · 0⤊ 0⤋
The thing everyone forgets is that TX is a comunity property state. And you two have been living together as husband and wife - Common Law.
You need to go and talk with a real divorce attorney and find out what your rights are. Usually a attorney will talk to you for free on the first visit. Good luck
2007-02-12 07:42:48 · answer #5 · answered by Firestorm 4 · 0⤊ 0⤋
you need to talk with a lawyer in your state.
You may be in a situation of a common law marriage, her divorce would complicate that.
The court might also recognise that in a long term relationship if she contributed money towards the house she may be entitled to its return.
2007-02-12 07:41:11 · answer #6 · answered by mark 6 · 0⤊ 0⤋
Unfortunately it is communtitive property. However in some states it takes a certain amount of years, such as Arizona, 10 years. Texas I believe is the same. It is not communitive property until 10 years. So that being she has no legal rights to your home. She's just blowing smoke up your a.s.s. You'll be fine.
Good luck to you
2007-02-12 07:44:40 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If she is still legally married, she cannot be common law married to you (8 years in most states makes for common law marriage) ... The house is yours. Unfortunately, you will undoubtedly have to consult an attorney to have this stick..... and as you obviously know, they charge by the minute.
2007-02-12 07:57:02 · answer #8 · answered by April 6 · 0⤊ 0⤋
Not a lawyer, but I don't think there is a chance in hell that she can do what she is telling you that she can. I would go ahead and talk to a lawyer and find out for sure, and send her packing. Good luck.
2007-02-12 07:48:09 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You both have rights get a lawyer, you might be in a better situation cause she is still married......
2007-02-12 07:37:00 · answer #10 · answered by troble # one? 7 · 0⤊ 0⤋