I have been living in a domestic relationship for about 10 years and we are ready to call it quits. We bought a house together but it is in my name solely. I tried several times to get my partner to put his name on the mortgage but he refused. He also refused to involve himself in any of the bill paying claiming he had enough bookkeeping to do for a business he once owned. It has been several years now since he closed his business and has been working in as a car saleman, hardly makes any money and has contributed very little cash to the running of the house. I pay the mortgage,home insurance, property taxes, gas, electric,water, trash , newspaper, even his cell phone bill. Now because we are no longer in a real couple( in every sense of the word ) he wants me to sell the house and give him " HIS SHARE" !...Is there a way of getting him out without selling the house and spiltting the equity with him?
2007-08-28 08:32:33 · 10 answers · asked by jesshispet 3 in Politics & Government ➔ Law & Ethics
Can you give more information? What state? The number of states that recognize common law marriages is limited, and you have not really said anything to indicate that you were doing anything other than cohabiting together.
In order to give any kind of decent answer, we need to know the name of the state and whether there was actually enough to establish a common law marriage.
I agree with the learned gentleman who suggested you consult with an attorney licensed to practice law in your state or province. Do it now. It will be money well-spent.
2007-08-28 08:45:07 · answer #1 · answered by Mark 7 · 1⤊ 0⤋
If you live in a state that recongizes common law marriages, then you're probably going to have a problem.
If you then also live in a community property state, that's an even bigger problem.
The mere fact that a party to the relationship isn't on the title of the propery or on the mortgage loan doesn't necessarily mean that party is not entitled to a share of the equity in the house...there are a lot of factors to consider, but fundamentally if you lived as "husband and wife" no matter what the paperwork said, he's probably entitled to a share of the equity.
You're in a tough spot, because if you want him out of the house and we won't leave voluntarily you're going to have start a process with the court, and then, depending on the laws of your state, it may end up being a full-blown divorce proceeding.
Suggest you consult an attorney before doing anything.
2007-08-28 08:44:27 · answer #2 · answered by Anonymous · 2⤊ 0⤋
1. Is he out of the house?
2. Do you have bank statements?
3. Have you stopped paying his cell phone?
Since the house is in your name and you can show that you make all the payments, he has no claim to it at all. Never put anyone's name on your mortgage unless you're married.
Common law marriage takes effect after 7 years together but different states see it differently, so you may need a lawyer.
You should immediately cancel/change service on anything that is in his name (that you pay for - cell) and switch to just your name.
2007-08-28 09:06:49 · answer #3 · answered by dlil 4 · 0⤊ 0⤋
You don't have to give him 1/2. But if you entered in a good faith agreement that the house is yours equally, that counts for something. But you can go to court and show what he contributed vs. what you contributed. If he only put in say 20% of the down payment and paid 20% of the mortgage (just as an example) than he is entitled to 20% of the profits. You may not have to sell the house though. You can take out and equity line equal to the amount he is entitled to and just buy him out.
2007-08-28 08:41:25 · answer #4 · answered by slushpile reader 6 · 0⤊ 0⤋
Are you sure your State has "common law"on the books. Many have done away with this. If it is law, you are just like a married couple and will probably need to split everything 50/50. You may be able to salvage the house due to his refusal to be involved in the mortgage. Get a good lawyer. You MAY be able to have him evicted and take your time on solving the problem. Good luck.
2007-08-28 08:44:31 · answer #5 · answered by sensible_man 7 · 2⤊ 0⤋
i would say since you have been the primary person responsible for the bills and all concerns in the house then you would be the one entitled to keep the things in the house. just talk to a lawyer and bring copys of the morgage paperwork, and any other bills from the last several years.
2007-08-28 08:39:35 · answer #6 · answered by devin c 2 · 0⤊ 0⤋
You haven't said whose funds went into the down payment or whether he has ever made any mortgage, tax or insurance payments.
See an attorney with whom you care to share that important information.
2007-08-28 08:39:44 · answer #7 · answered by Anonymous · 0⤊ 0⤋
not all states follow common law relationships. depending on what state you live in there might not be anything he can do. best way to find out is to ask a lawyer in your area most times they will have a free sit down with you for a half hour.
2007-08-28 08:46:29 · answer #8 · answered by Anonymous · 0⤊ 0⤋
This varies from nothing to half or more depending on the state. You need to talk to an attorney locally.
2007-08-28 08:45:08 · answer #9 · answered by Anonymous · 0⤊ 1⤋
good luck, if its gonna last more than 5 yrs, get married, then when you get divorced the man will get screwed
2007-08-28 08:37:37 · answer #10 · answered by ash tray 1 · 0⤊ 0⤋