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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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  #1  
Old 08-27-2009, 11:08 PM
Mooseheadstew Mooseheadstew is offline
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Default Common Law matrimonial home

I know this has been discussed many times here but this is a little different.
Man has his name on the house, and he owned it prior to the relationship. After 5 yrs together and two children. He moves out of the house. He has lost his job and due to a drug and alcohol problem, he never bothers to try and get another job. He starts another relationship and moves into that womens home.
He loses all his posesions to the finance companies, truck, boat, etc.
The common law wife continues to pay the mortgage payment which she had been doing ever since the man lost his job two years before moving out of the house. She pays all the bills and also has made up for the taxes that were two years in arrears.
He has not given her one penny in support, and she recently told him that she doesn't want him to have unsupervised visits with his two girls due to the fact that he is completely drunk while he has them and she has caught him driving drunk with them in the vehicle.
Can he tell her to leave the home? Is it possible for her to win the right to the home in court. The home is probably only worth 25k and still has 16k oweing on it. Don't know if that matters but thought I'd add it anyways.
Will the judge order him to pay child support even though he doesn't and wont work?
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Old 09-03-2009, 04:32 PM
Mooseheadstew Mooseheadstew is offline
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Default nobody?

Nobody has a response to this? How about an opinion?
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Old 09-03-2009, 04:37 PM
standing on the sidelines standing on the sidelines is offline
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Default

well if his name is on the home then it is his home. She could ask for some compensation for the money she put in but not sure if she would get anything. If there is a mortage owing maybe she could offer to buy him out.

He has to pay child support, there is no way around it.

As for the visitation I do not blame her for that. It is called protecting your children.
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Old 09-04-2009, 10:03 AM
Mooseheadstew Mooseheadstew is offline
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Default question

so how does she go abouts getting set up for child support? Does she have to go to court, pay a lawyer, etc.
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Old 09-04-2009, 10:57 AM
standing on the sidelines standing on the sidelines is offline
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there are people on this site who can walk you through it better then I can, I am sure that you will get an answer to your question before the day is over.
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