We have joint mortgage and 4 kids,he doesnt love me anymore so walked out,just wondered where does the law stand now on the housing situation,do i have to sell?do i have to pay him out?does he have to keep paying mortgage till kids 16? please help.
2007-10-03 01:20:17 · 9 answers · asked by jo 1 in Family & Relationships ➔ Marriage & Divorce
First let me say you need a LAWYER!
The laws change so much dealing with marriage that a layman just won't be able to keep up with it.
Also most states have a free legal service if you can't afford a lawyer.
PLEASE NEXT TIME GET THE CERTIFICATE of marriage it's much easier and a whole lot LESS complex.
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Lets get this part first.
Most states have child support payments until the children are 18 as long as they are in school. Longer if they go to college.
If the guy is a jerk he might make you proove paternity!
Some states recognize cohabitation/common law as legal and binding as marriage IN SOME STATES after so many years.
You need to find out the law in your state.
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Ascertain if the state/country you are living in recognizes common law marriages.
There are four requirements for a valid common law marriage. Just living together isn't enough to validate a common law marriage:
You must live together.
You must present yourselves to others as a married couple. Some ways of doing this are by using the same last name, referring to one another as husband or wife, and filing a joint tax return.
Although not defined, you have to be together for a significant period of time.
You must intend to be married.
http://usmarriagelaws.com/search/united_states/common_law_marriage/index.shtml
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OPEN THIS LINK SCROLL DOWN TO SEE THE STATES THAT RECOGNIZE
common law and click on the state if you live in one to see what the requirement are.
http://usmarriagelaws.com/search/united_states/common_law_marriage/index.shtml
NOTE:
The states that do not recognize link won't open.
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Common-Law Marriage
(Maybe ‘You Did’ Without Having Said “I Do”)
What are your rights if your common-law spouse dies?
You might need this info as well
http://www.thefuneraldirectory.com/commonlaw.html
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YOU DEFINATELY NEED TO READ THIS.
An unmarried couple living together can enter into an agreement to share expenses or acquire property.
http://usmarriagelaws.com/search/united_states/common_law_marriage/agreements/index.shtml
2007-10-03 01:59:50 · answer #1 · answered by LucySD 7 · 0⤊ 0⤋
Married or not, he has to pay child support. Depending on where you live, you could be considered to be in a common law marriage, but there are certain requirements that have to be met and they vary by state. Most states do not recognize common law marriages. In those states where common law marriages are not recognized, your mortgage would be treated like any other joint contract. It depends on what your mortgage says in terms of responsibility, form of ownership in the house. Did you pay your share of the mortgage?
This is a pretty complex issue that you need to take to someone qualified to look at. Best bet is a lawyer, if for no other reason than to assure that you get child support quickly.
2007-10-03 01:48:33 · answer #2 · answered by scubalady01 5 · 0⤊ 0⤋
If you are sure there is no future together then you should find an attorney. He/she will take you through the steps necessary to help you, the children and the household finances. Are you married to him? Did you sign a pre-nup? Have you each contributed equally towards the home? How long did you live together before he left? There is such an issue as desertion especially if he left the children without financially taking care of them. He does have to support the children but your attorney will have to answer your questions concerning the property. Please don't wait to find one because you don't know what his thinking is.
I am so sorry this is happening to you, my heart goes out to you and your children. At this point and time you have to prioritize and think of you and the future of the children as well.
2007-10-03 01:39:26 · answer #3 · answered by ? 4 · 0⤊ 0⤋
I had a friend who went through this.They ended up selling the house and splitting the money.Huge battle and long process if they didn't do it that way.She had no strength to fight anymore so this is what she thought was best for her and 5 kids.
2007-10-03 01:32:48 · answer #4 · answered by lollypop 4 · 0⤊ 0⤋
Each state is different, see if your state is one that acknowledges "common law marriages" Delaware does not. If your state does you have all the rights and he has all the responsibilities of a marriage
2007-10-03 01:27:50 · answer #5 · answered by pinkrek 1 · 0⤊ 0⤋
Some States would view you as married by default and treat your separation just as you had been legally married. Get an attorney now!
2007-10-03 01:25:59 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You seek 'help'??? Here, at Y!A???
Seriously - all you can hope to get at this site is inexperienced opinions and incorrect directions. . .
Seek an attorney - and prepare yourself for a long, legal, expensive journey into the land of nightmares . . .
2007-10-03 01:24:55 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You have to contact a lawyer y answers is not the best place to talk about such a serious matter
2007-10-03 01:24:17 · answer #8 · answered by golly geesh 3 · 0⤊ 0⤋
you need to get an attorney who will be able to answer these and any other questions you may have.
He will be having to pay child support until the kids are 18 IF they are his children and you are married.
Good luck
2007-10-03 01:23:49 · answer #9 · answered by suzie 7 · 1⤊ 1⤋