How does common law work?

Question

my friend want's her ex out of her home but he wont go his name is not on the lease three year's ago she just got over breast cancer but with all the fighting they are having it could come back they have kid's together. so any help would do please

Answer 1

I don't think there would be one shred of medical evidence to suggest that fighting brings on breast cancer.

Has he made any financial contribution i.e. paid mortgage or rent? That would have a bearing on the issue.


You also want to beware of all the Americans who have answered your question. Their answers are completely irrelevant because the laws in their country are wonky and different to ours.


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Answer 2

In the eyes of the law, there is no such thing as a common law spouse. As his name is not on the lease, then she can send him packing. Get her to either contact the Citizens advice bureau or a local solicitor to find out how to do this legally. Some solicitors offer a fixed price consultation, usually for about half an hour or so. If the house is council one, then get her to contact her local housing office for advice. And assure her that fighting will not make breast cancer come back

Answer 3

You need to talk to an attorney that deals with common law issues.
The issue of ejecting her ex is eviction proceedings,not paying rent . AS for the kids,probably a custody battle in court unless they agree to joint custody with a clause that any minor children will become the responsibility of the surviving parent in the event that 1 parent becomes unable to care for the kids or dies.
Your friend can order her ex out of the house if his name is not on the lease,but if he has any receipts showing that he made the rent payments,he may be able to sue for at least 1/2 of any money he paid-even if he paid with her money.
Best your friend sees a lawyer before doing anything.

Answer 4

UK?
Common law marriage does NOT exist in the UK. If her partners name is not on the lease, he has no right to stay in the home. She can in effect change the locks and deny him access if she wants - and then call the police if she suffers harrassment and/or threats of or actual violence.

Regarding the kids - she can claim child maintenance in respect of them via the CSA whether she is married to the father or not. They will have to either agree on contact arrnagements for the kids - possible via mediation or a court order if they cannot do so on their own amicably.

Answer 5

If his name is not on the lease and she wants him out, then she needs to talk to her landlord or the police and have him removed.

Some states have different laws on commonlaw marriage. But it is mostly obsolete and will not hold up in court. If you are going by your partners last name people might not think that you are married, but if there is not a legally binding contract (marriage cert.) then I don't think there is any ground to sue her or anything.

I don't think that fighting with your spouse can make cancer come back though. ???

Answer 6

'Common law' what? In the UK there are no 'common law' rights as are supposed to exist. Your friend can exclude her partner from her home but this is likely to cause a legal fight over access to children if he is the registered father etc. She should seek advice at the Citizen's Advice Bureau, she should aim to achieve the split amicably - even if it is painful for all involved.

Answer 7

If he is paying rent or the mortage she will have to get an eviction notice from the city to legally remove him from the home. Let her now that if he is paying rent or bills she has to treat him like a tenant. Requiring that she gives him 30 day notices of removal. To make sure she is protected legally it would be best for her to get an eviction letter from the city, but he still will have 30 days to remove himself. Now is something happens where she feels her life or her childrens life in threathened then she will have to call the police and have them remove him and at that time he will be remove from the home for 3 days and during that time she will have to get a rush eviction.
I hope this helps

Answer 8

Some states in fact are common-law and/or common-property states. Check the marital statutes of your state. Also some states regard a "live in of 3 years" as a "renter" and hence is entitled to the same rights to vacate as a tenant would have with a landlord ... i.e. serving him with proper notice to vacate, etc. Child support/custody laws differ from state to state as well.

Here is a list of common-law states:

Alabama
Colorado
District of Columbia
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma
Pennsylvania
Rhode Island
South Carolina
Texas
Utah

Answer 9

Common Law Marriage is SO much more than just living together.

They'd have to call each other husband and wife, file taxes as husband and wife, introduce each other as husband and wife.

They might even be in a state that doesn't recognize common law marriages.

http://en.wikipedia.org/wiki/Common_law_marriage

Answer 10

Her breast cancer can not come back because of the stress and fighting alone...but if he is not on the lease she can pack all of his stuff and change the locks if she wants him out.

I would recommend that because they have kids together that she contact an attorney or at least an advocacy group in the state regarding child support and custody.