I have broken up with my husband we were not really married but we lived together for more than 20 years and we both have 2 young adults. He left us for some other woman and we both bought a house 7 years ago but the house title is under his name and i don't appear on it and im affraid that he is going to kick us all out. I want to know what i could do to keep the house and if i have anyt rights because i know that the law only covers people who are married but in my case i am not married and both of my kids are over 18 please write me back with any comments or concerns.
2007-06-10 07:32:49 · 13 answers · asked by yamilinho 1 in Family & Relationships ➔ Marriage & Divorce
Some states recognize Common Law situations.
You will need advice from an attorney. My concern is that your name is not on the title, which it should have been.
2007-06-10 07:38:50 · answer #1 · answered by outtahere2day 5 · 0⤊ 0⤋
A lot of people are throwing around Common Law Marriage. I don't know where you are, but I will tell you the law concerning CLM in the USA. Canada has different laws.
The only states that allow for the establishment of CLM are: Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, Utah
If you do not live in one of those states then there is no way you could become CLM, no matter how long you have lived together.
If you DO live in one of those states. Just living together for 20 years won't make you CLM. There are criteria that has to be met for CLM to be established. The couple must "agree that they are married, live together, and hold themselves out as husband and wife." Also, many states have one or two more specific little things that also must be done for CLM to be established.
From the sound of it. It doesn't sound like your are CLM. I would get a lawyer, and see what the laws are in your state. I'm sure a judge would look at your situation favorably.... Frankly, I think you should start finding another place to live.
2007-06-10 08:09:19 · answer #2 · answered by Poppet 7 · 0⤊ 0⤋
depending on where you live you could check the law concerning your living together for 20 years. Sometimes there are laws for that, called common law marriage. I would immediately get a lawyer, many of whom would at least give you a free consultation to see if you should pursue this further. Don't wait, time is of the essence. Good luck
2007-06-10 07:39:02 · answer #3 · answered by jlkal01 1 · 0⤊ 0⤋
You need to go see a lawyer tomorrow morning to find out about your rights. Every state is different. Some states have "common law" marriage when you live together for a specified amount of time and others have "palimony." So, it will depend on your state. That may also present a problem with the title of the house. Again, your state's law rules. Go see a lawyer and find out your rights. Don't take his word for anything when it comes to finances. Good luck.
2007-06-10 07:36:43 · answer #4 · answered by Anonymous · 0⤊ 1⤋
It depends on your state as to whether they have laws that cover common law marriages. If your state does then you would have the same rights as someone legally married. Consult an attorney.
Our state does not offer support for common law marriages so unfortunately he could ask you to leave and retain all the property if it's in his name. You might however have other legal options such as a civil lawsuit in which a judge would rule whether or not the property could be divided.
2007-06-10 07:43:22 · answer #5 · answered by Orion 5 · 1⤊ 0⤋
Common law relationships do have rights to ownership on some items, However contact a lawyer or do research on the internet, if things end you shouldn't be left empty handed.
2007-06-10 07:38:52 · answer #6 · answered by Elle777 2 · 0⤊ 0⤋
Need to talk to a lawyer. Some states may take this into account that you were together 20 yrs thats common law marriage.Other state do not have this so you may be screwed. Shacking up isnt such a good idea after all now is it?
2007-06-10 07:37:03 · answer #7 · answered by Anonymous · 0⤊ 2⤋
Consult with an attorney. The first consultation is free. He or she would know what your state laws are on this matter.
Good luck and I hope all who reads this learns a lesson. I wish the best for you and your children.
2007-06-10 07:42:41 · answer #8 · answered by gabeymac♥ 5 · 0⤊ 0⤋
What a wonderful example for getting married. That piece of paper Does Count!
Did you and your mate ever refer to each other as husband and wife? Were there ever ANY documents that stated you where his spouse, such as insurance papers? If so you can sue for legal divorce as common law wife.
2007-06-10 07:37:56 · answer #9 · answered by ♥♥The Queen Has Spoken♥♥ 7 · 0⤊ 0⤋
Here we go playing house again.Anyway there is no need beating up on you.You are a common law wife and are entitled to certain rights under law.Talk to a good lawyer you will be glad you did
2007-06-10 07:40:07 · answer #10 · answered by miraclehand2020 5 · 0⤊ 1⤋