If a couple was together 7 years and the woman never worked and they're splitting up and he says she can't get anything out of the house because he paid for it what can she do if they never married?

Answer 1

Ahhhhh yes! The old "you don't work" routine! Won't work on his part. LOL If men had to pay for a cook, cleaning lady, laundry person, taxi driver (without fees) to drive kids to school, do errands such a grocery shop, pay bills, etc., they couldn't afford it! Being a housewife is NOT a dirty word! There are downsides to having a wife work ... fast meals, seldom seeing each other, both being too tired their sex life isn't all that great, etc. You come under "common-law" and there is a Statute of Limitations as to how long you have to live with a person before you are considered equal to married couples. Please go on: www.google.com Type in: What is considered common-law in the State of ____________." Just put your State in there. You have PASSED THE STATUTE OF LIMITATIONS and you are entitled, by law, to half of everything he has and that can also include his retirement plan! If you have two vehicles, then you are entitled to one. If you own a home, you are entitled to half of the money you would get from that home. If he refuses to sell then he has to "buy you out" and give you your half of the money from the house. You are entitled to contents in that house. If you can, please seek legal counsel. Make notes as to what legal questions you want to ask and try to get your answers all in that first hour (saves you money.) Also, go on: www.google.com Type in: What rights do a common-law spouse have in the State of _________. By doing this you are doing much of your own homework and are better prepared to fight your spouse and can get some help from a lawyer without dragging it out too much. If you have children with your spouse this could complicate matters. You really do need some legal advice. Ask some of your friends or even family as they may know a lawyer that will give you a break on fees. Good luck Marcy Unfortunately courts are only interested in proven facts. The person in question will not automatically receive any property even if a "common law" marriage is established, which is not that simple an issue. Most states do not recognize "common law" marriages and the few that do do not consider all property belonging to the individuals as jointly owned. The person who has proof of the contribution made towards the purchase of said property will be the person who is considered to own it. Real property must be jointly titled to be even considered for partition. If the male owns a vehicle, home or bank account in his name only, the property legally belongs to him and the "significant other" has no claim. If children are involved, judges tend to be more lenient in their decisions as to household goods and those items belonging specifically to the child/children. In such case a child support issue would be a totally different and complicated situation. The problem is the law does not have provisions for the dissolution of a relationship outside of marriage, that has no written contract and/or one of the partner's has not made financial contributions. In all likelihood, the woman will have to file a lawsuit and provide proof of what she purchased for the home or hope she is heard by a very liberal judge. First of all you should check with a lawyer to see what rights you have as their partner. And if you dont have a lawyer talk to someonee who would know the number of years in your state to be considered common law spouses. then they might be able to get some benefits especially if u have kids The poster that did discuss that common-law may not be recognized in certain States is correct, but that is why I told you to go on www.google.com to find out for sure. I'm from Canada and after 6 months of living together you are considered common-law and whether the title of said home/property is in both names means diddly in a court of law (it's divided), but true, if the wife (or husband) has total custody or partial custody of any children they may get the house and one vehicle, etc. Marcy The laws may seem harsh in these situations but it is the law whether in the U.S. or Canada. In common law relationships no presumption of joint ownership of property or assets is made nor is there automatic entitlement to either party. If one member of the union has become "substantially enriched" by the contribution of the other, the court will take that into consideration for possible distribution of assets if it can be proven that a "joint trust" exist. States that recognize common-law marriages are, Alabama, Colorado, Wash. D.C., Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas and Utah. Utah is the only state that does not require the couple to make public their decision to live in a common law union. The minimum for establishing a common-law marriage is three years, the maximum is ten years. Texas law requires that a couple must make known their intent to live as man and wife within two years of the relationship begining, or there is no presumption such a union existed. In all common law states if at any time the couple separate, the "time limit" becomes invalid and must restart at the begining if they resume co-habitation. In the U.S. all real property, meaning houses, land, motor vehicles are titled either Joint Ownership, Tenancy-in-Common, Joint Tenancy, Joint Tenancy With The Rights to Survivorship or Tenancy-By-The-Entirety. A judge cannot partition property except under the requirements of the state law in which the property is titled. If the property is titled to one person only, it cannot in any state be partitioned with the exception of a CP state if owned in a traditional marriage. Did you have children? COMMON-LAW IN CANADA: Canadian federal law does not have "common law marriage", (but referred to as "common-law) but various Federal Laws include "common law status," which automatically takes effect once two people (of ANY GENDER) have lived together in a romantic relationship for ONE FULL YEAR! Partners are eligible for various government benefits of married spouses based upon their relationship with the individual who is eligible for some type of family based benefit. As family law varies between provinces, there are differences between the provinces regarding the recognition of common law marriage. COMMON-LAW IN U.S. All States are different and 3/4 of the United States do not recognize "common-law marriage." HOWEVER, you can get a document from a lawyer where you both sign and treat your common-law marriage like a normal marriage. This is considered only as a CONTRACT and will stand up in any court of law. Marcy