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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 10-18-2009, 04:45 PM
strotter1006 strotter1006 is offline
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Default Need some support and thoughts

my common-law partner and I lived together since April 2008 when out daughter was born we have another one due in Feb 2010 and have been together for 5 years. The problem is we left him at the end of July 2009 after he was charged with assault. I left the household we shared with the children. In Sept 2009 he was charged again for sexual assault. I am to have no contact with him and he has been controlling what items I could have. He has kept all the expensive items in the house like 42' tv (that I paid for), Furniture (that I paid for) and other furniture and toys that my other two children owned before moving in with him. He also keep everything for our daughter crib, baby book, clothes, diapers etc. I have had to go and buy everything again. There is only a few things that I would like to keep from the house.

I am contacting a lawyer.

Questions

1. What am I entitled to? How should I go about it?

2. Is there anyone else out there common-law partner/ husband has abused their children. I need some support.

3. Should I be able to take all items that I need to care for the child we share and the new baby?

Any thoughts would be great. Thanks
  #2  
Old 10-18-2009, 09:33 PM
midnightvampyr midnightvampyr is offline
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OK,

you have been involved a common law relationship for a lawful duration and you are entitled to an equal division of assets....also, since there are two children, child support will have to be paid by each to the other depending upon custody....you have rights to the first child and the courts can determine, since the gentleman? has a violent past, to award both children to you and he would then have to pay child support based upon his income over a certain level...

that's about it...get a lawyer who specializes in family law....it sounds like you will need a restraining order also....
  #3  
Old 10-19-2009, 10:36 AM
dinkyface dinkyface is offline
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For common-law, each partner leaves with what they contributed. 50-50 is only if you were married.
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Old 10-19-2009, 01:32 PM
representingself representingself is offline
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I agree with DF...

Whats your is yours, whats his is his, and everything you bought while living together is split. As you lived together for just over 15 months, there shouldn't be much to divide.

The older childrens items are yours and should be retuned.

If you bought the furniture and TV after you moved in together... he owes you half the value, if he wants to keep them.
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Old 10-19-2009, 02:07 PM
billiechic billiechic is offline
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that is not always the case, especially when children are involved. Were you a SAHM for your first child? If you were then you would be entitled to more as you were not able to earn an income for that time.
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Old 10-19-2009, 10:13 PM
strotter1006 strotter1006 is offline
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Thank-you for the replies. I was told by my lawyer to make a list of everything that he has and write how much it cost and provide proof of purchase. Hopefully they can get an emergency court order and the sheriff or police whoever can locate my belongings. My ex has moved out of the rental unit we shared and in with his parents. So I don't know if my belongings are at the rental unit that I can not enter without a court order or at his parents house.

My lawyer did let me know that I probably will not be able to get a copy of all the photos that are on the computer that we shared. Honestly that is the most important item that I would like.

I must remember that I have the children and they are safe.
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Old 10-25-2009, 03:14 PM
Dakota Dakota is offline
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Hi Strotter,

I'm new here, so I can't offer technical expertise, but I can offer some support. If nothing else, all I wanted to say was that I read your post, I'm sorry to learn about your experience, and I hope you receive the support and thoughts you deserve. You're blessed with two children, and it sounds as though you have a great life to look forward to with them.

I agree with the suggestion of a restraining order. That can be arranged in several ways, but it shouldn't be hard to secure in light of the charges brought against him.

Hope everything goes well.

Dakota
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Old 10-25-2009, 11:00 PM
strotter1006 strotter1006 is offline
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Thanks for the support. It all helps If anyone else has any suggestion or have been in this situation that would be great
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