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  • My Husban'ds Girlfriend

    I have separated two years ago from my husband and we are still legally married. We have put off divorce because we both have not been able to afford it. He now has a girlfriend that has been living with him for a year and they have a baby together. My husband and his girlfriend are having troubles and might be splitting up. My question is if they do split up and she leaves, can she try to take him for half of everything eventhough he is still legally married to me and resides in our marrital home?

  • #2
    no, but she can ask for something and she should get child support.

    If you are both agreeable to a divorce, maybe this is the time to go ahead. It really isn't that much money if you can both agree.

    Is the marital home owned or a rental?

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    • #3
      It is owned! I signed a separation agreement saying that I wouldn't ask for the matrimonial home.

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      • #4
        can I ask why you did that? Were the assets and debts equalized? Were there kids involved?

        IF you could provide more details around that it would help.

        Having a child involved in the breakup of a CL relationship complicates things. However they weren't together long, there wasn't much time for them to be a family and she will likely walk away with CS and maybe a little SS, depending on both incomes of course.

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        • #5
          The reason being was that I didn't want the headaches and just wanted peace. My kids live with their dad.....very long story. I didn't want to take away from the kids and I didn't want anything. He wouldn't leave the home so I had to and there is so much more involved.

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          • #6
            it sounds like you were willing to leave everything with him then. Why are you worried that she will get half now? I'm guessing this has to do with what will happen to your kids.

            It was a very short relationship. He will like just have to provide support for his other child.

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            • #7
              scared1 you are giving incorrect advice and possibly setting someone up for trouble if they take it. Her ex and his girlfriend have a child together, there is no 3 year period if you have a child, you are considered common law immediately if you are in a relationship, living together and raising a child.

              Because they are not divorced, girlfriend may not have full claim to the matrimonial home. But the OP has signed off on the home, so that is muddy. This requires an actual legal opinion, few people have been in this exact situation.

              The introduction of gay marriage did not change or dilute common law marriage rights, it just allowed gays and lesbians to marry.

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              • #8
                Originally posted by Mess View Post
                scared1 you are giving incorrect advice and possibly setting someone up for trouble if they take it. Her ex and his girlfriend have a child together, there is no 3 year period if you have a child, you are considered common law immediately if you are in a relationship, living together and raising a child.
                Correct. If his girlfriend leaves him, he will need to pay her child support. In regards to spousal support (common law) or other division of assets, that would need to be looked at by a lawyer, as it is an unusual situation.

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                • #9
                  You posted that it was 3 years. The original poster had a situation where there was a child. If there is a child then there is no 3 year wait. What you posted was dangerous misinformation for anyone seeking advice here.

                  There is no need to keep repeating the same thing over and over. Stepmom and I posted the correct info.

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