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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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Old 10-04-2010, 02:01 AM
PandaMuse PandaMuse is offline
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Exclamation After 3 months seperation does that reset the common law relationship?

Going to court really soon. (Freaking yay) I am working on paperwork for my Husband in regards to his battle with his ex girlfriend. I just found out that after living together for 2 years she ended the relationship and left the country for 3-4 months before moving back for several more years. My question: Does this move reset the common law clock?
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Old 10-04-2010, 09:09 AM
HammerDad HammerDad is offline
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Quote:
Originally Posted by PandaMuse View Post
after living together for 2 years she ended the relationship and left the country for 3-4 months before moving back for several more years. My question: Does this move reset the common law clock?
It might, depending on how each party perceived the break at the time. Was it a complete breakup? Or was it some time apart? Or was it her taking a vacation? It really all depends, although, notwithstanding any of that it would be how you argue each scenario in court.

It would be hard for her to try and argue that it wasn't a breakup if she took all her stuff and left, only to return after she ran out of money or something.
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Old 10-04-2010, 09:23 AM
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rwm1273 rwm1273 is offline
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After 90 days, the government considers it to be a break worthy of changing the tax status.

Did the get back together after she came back?
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Old 10-04-2010, 06:19 PM
PandaMuse PandaMuse is offline
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It was an actual breakup, thank God there are many witnesses to this. And yes unfortunately they did get back together after this breakup then lived together for 8 more years, although they were in separate bedrooms for the last 5 years, which she also agrees to in the paperwork (however she claims there was still a sexual relationship - which there wasn't - her lawyer certainly told her how to avoid that dismissal). During this time, he paid for her schooling (so that she could be self sufficient and finally leave) and she chose to only work part time after receiving her certificate.
Now she is coming after him for unjust enrichment, constructive trust, SS etc. I have been trying to educate myself so that we can defend against this. Needless to say I am livid that any judge is allowing this case to get as far it has.
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