QUESTION
What are my mother’s rights if she has been with my step-dad for more than 20 years and never got married?
Asked on Apr 29th, 2014 on Litigation - Michigan
More details to this question:
My mom has been with my step-dad for more than 20 years never got married just lived together and had 2 kids together in California. My step-dad has decided to move on with his life. My mom has been a housewife for almost the whole time they have been married and has dedicated her time to him and the family. Now she does not know what she is going to do since he does not want to move out and leave her home with my brothers. What are her rights, does she have any? He put her in his taxes and also has life insurances on her, is that worth anything?
6 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You mother needs to see an attorney, depending on the state you are in she will have more or less rights.
Answered on May 02nd, 2014 at 6:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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About the only thing she can do is give him a 30-day notice to quit and then file an eviction action. Unless they bought things together, his property is his and hers is hers. This is why the non-breadwinner really needs to force a marriage. She should consult with a local family law attorney to figure out what she can do.
Answered on May 02nd, 2014 at 6:23 PM
Living with your dad and having children together, for 20 years, will be considered a marriage and she should have all the rights of a "properly" married couple.
Answered on May 02nd, 2014 at 6:23 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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This is the problem with co-habituating.. Michigan does not accept the concept of common law marriage (e.g. cohabitation that gives rights).
Answered on May 02nd, 2014 at 6:22 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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CA does not have common law marriage. So the fact they have lived together for 20 years does not give her any rights. If they have a written agreement there could be contract rights. If this was her house as you implied then she may own the complete house. There certainly could be rights to child support if either or both of the children are under 18. They did not properly file tax returns. She may be able to file separately and get some money for herself she should contact a cpa about this. He could change the beneficiary on the insurance.
Answered on May 02nd, 2014 at 6:22 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You say two mutually contradictory things, they never got married and they've been married. If they were married (there is no common law marriage in WA) she can file for a divorce and ask for maintenance (alimony). If they weren't married, she can file a palimony suit. If the kids are minors she needs to ask for a parenting plan and child support. If they're adults, they need to support themselves. Life insurance is irrelevant if it's on her life since she is alive and he would get the money when she dies. It is worth nothing to her. Since he supported her, she already benefitted from the tax claim. It is evidence of the nature of the relationship for purposes of a palimony suit.
Answered on May 02nd, 2014 at 6:22 PM