Common Law Marriage?

Question

My boyfriend and I have been living together for 8 yrs and he has been providing everything for me for the whole time. We have 2 kids that live in the household. He has also given me transportation as well. Can he put me out of the house and take the car away from me? Can I do something about this? He has also served in the militay for 19 yrs. Please help

Answer 1

As far as common law is concerned not very many states honor common law any more. As far as him being able to put you out of the house (NOT) as long as you have mail coming to the address you have to be evicted because by law it IS also your residence, that I'm sure of because I tried to put my boyfriend of 11 years out even called the police and they wouldn't put him out even though he wasn't on the lease because he had mail coming to the address. The car on the other hand I suggest that you put some of the money that he's giving you on the side (who knows what you may need it for). If the car is in his name your going to be catching the bus if he takes it away and there is nothing you can do about that one. Although, if he's a real man he won't because you guys do have two lovely kids (RIGHT)! Check with local law enforcement about illegal evictions/ being put out like I said it happened to me. Good Luck!

Much Love,
jay

Answer 2

Only a few states recognize common law marriage, most don't. If you're in one of the states that do, it's not automatic. You have to prove that there was an agreement to be married--so you have to prove that he called you his wife, your friends thought of you as married, etc. If you co-own the house or car, he can't just take them away from you; but if he owns them in his own name alone, you could very well be out of luck. You didn't say who were the kids' parents. If he's the father, he will have a legal duty to support his kids whether you're married or not.

Answer 3

The best solution is to marry him legally. You have no rights as a girl friend. Not all states recognize common law marriage. In the states that do have it, it is often difficult to prove.

If you have two kids by him, he is on the hook for child support.

Think to yourself, "what is the worst thing that could happen that I don't want to happen?" You could get kicked out and you could lose the car if it is in his name If you were legally married, you have more rights both in terms of a potential breakup or in the event of his death.

Answer 4

depending on the state yes and no, some states recognize common law marriage CA does not for all legal purposes, but the fact you have 2 kids and hes been supporting you, I would say call a lawyer hun and get some help...

Answer 5

Depends on where you live, but most states no longer have common law marriage. Even if you were married he could kick you out, only then you could get a lawyer and do something about it. Without being married you can only file for child support and that is it. Sorry but you are probably out of luck.

Next time don't' make babies with a loser.

Answer 6

Common law marriage is more than just living together for a few years.

Have you called each other husband and wife?

Have you filed taxes as husband and wife?

There are many other requirements, living with him is just one.

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

Answer 7

Every state is different as far as how they see common law marriage.

Answer 8

did he ever make a legal agreement with you that the situation would be permenant?

If not, then you have no legal recourse, even if it is a rotten thing to do, its not illegal

As for the car if its in his name he can take it. legally he was letting you borrow it and has the right to demand you give it back whenever he wants. If its in your name, its yours, he has no right to it.

Answer 9

It depends on where you live. There are only a couple states that are commonwealths.