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Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #21  
Old 11-15-2016, 04:40 PM
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Janus Janus is offline
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I have some good news Dal. Your ex actually made a horrible mistake. She had the kids, and she was effectively denying you access. You are overwhelmed and would have let her take the kids. In a month or so she would have established a status quo and that would be it, you would have irretrievably lost.

Now however, you have been served which has driven you to this forum. Ask a lot of questions, learn what you can do. Three weeks is not a huge amount of time, status quo has not been set, you can still fight this.

If she had just let things slide a bit longer she would have won by default. Now you might have a fighting chance.
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  #22  
Old 02-21-2018, 03:13 PM
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I have the similar question related to this ( I was not sure how to start a new post), my boyfriend moved in and started living in the house I own 6 years ago, had a kid with him 2 years later and our relation deteriorated the following year due to his abusive conducts and his new relationship with other women.

We have been living under the same roof under horrific conditions of frequent fights involving police for past three years, we have nothing shared financially and socially ( we do not eat / go out together, even cerebrate the kids birthday separately, no communication) However,he had been contributing from $100-700 a month at least but he stopped it suddenly last fall and I am not receiving anything from him now.

It is my understanding that since we are common-low, he is not entitled to the half of property but could claim for constructive entitlement but I am seaking a quick way to have a physical distance with him.

Would it be good idea to move out with my children ( one with him and the other with the previous marriage) to avoid conflicts? Or can I sell the house and move to another? Can I kick him out and stay at current home? I am the sole onwer of the house.

One lawyer told me that since I am the sole owner and it is common-law, I can write an eviction note but I might be punished for that later at the family court if he is not capable financially. He is self-employed contractor but I had no idea what his income is since he never filed tax last 10 years.

Thanks for your advice.
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  #23  
Old 02-21-2018, 07:01 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
I was not sure how to start a new post
Above the list of threads, there is an orange coloured button with "New Topic" on it.
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  #24  
Old 02-22-2018, 02:21 PM
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Thank you. I posted mine at a separate thread.

I believe Dals 74 can keep all the equity & added value of the house he had before his ex name was added in deed ( unlike married couple). You can get it appraised the value of the house on that day and use it as an evidence.

Note you can also demand her occupational rent if you move out from the property if you are paying the mortgage/expense.

Good luck,
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