QUESTION
What property am I entitled to in a common law marriage and why?
Asked on Jul 14th, 2015 on Divorce - Florida
More details to this question:
My common law wife and I live in a house that is in her name only. We purchased the house and have been paying for it together. She has the only checking account however I have been paying with cash. The title is in her name due to my credit rating. We acquired the property while we were together. If we were to separate, would I be entitled to half under common law marriage?
5 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Nothing. Florida abolished common law marriage in the early 1970's.
Answered on Jul 15th, 2015 at 1:19 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Washington does not recognize common law marriage so it's an inapplicable theory. You may be entitled to a division of assets and debts if you cohabited and were in a committed intimate relationship (a palimony suit). Proving that you paid anything when you have paid in cash is virtually impossible and then the question would be whether that gave you an equitable interest or was simply rent. Since your name wasn't on the house, what proof do you have that it was "owned together."
Answered on Jul 15th, 2015 at 1:00 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, your claims would be very difficult to win on in Michigan where common law marriage is not recognized and no property rights result from a live in relationship.
Answered on Jul 14th, 2015 at 6:26 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The State of Wisconsin does not recognize common-law marriage, except in very rare instances (e.g. if the spouses lived together in a state which does recognize common-law marriage for a long time before they moved to Wisconsin, and stayed together as husband and wife in Wisconsin afterwards). If you live in a different state, consult a matrimonial attorney in your neck of the woods. If you live in Wisconsin, consult an experienced family law attorney here. There are potential causes of action you can sometimes use, such as unjust enrichment or partition of real estate.
Answered on Jul 14th, 2015 at 6:21 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, there is no such thing as common law marriage.
Answered on Jul 14th, 2015 at 6:18 PM