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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-13-2009, 05:35 PM
corkofcaldwell corkofcaldwell is offline
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Default common law break up

What are the laws for my situation , together for 7 years, no kids got a house under my name. I gave her all her stuff back, gave her my car, total of about 36,000 dollars and now she wants support but i dont have any extra money to give her. what are the laws.
The reason why we broke up was because she wouldnt get a job, couldnt help with any bills and she couldnt stay outta trouble. Had to get a restraigning order but the was dropped by the judge so that we could try to peacefully work things out.

I think i've been more than fair?
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Old 09-13-2009, 06:41 PM
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billm billm is offline
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Quote:
Originally Posted by corkofcaldwell View Post
What are the laws for my situation , together for 7 years, no kids got a house under my name. I gave her all her stuff back, gave her my car, total of about 36,000 dollars and now she wants support but i dont have any extra money to give her. what are the laws.
The reason why we broke up was because she wouldnt get a job, couldnt help with any bills and she couldnt stay outta trouble. Had to get a restraigning order but the was dropped by the judge so that we could try to peacefully work things out.

I think i've been more than fair?
You have not provided enough information for someone to decide what is fair in your situation.

How did you come up with 36K figure, why did you give her 'your' car? How long since separation etc, why did she not work etc. Is she working now,...

As for support I can't see why someone would be entitled to it in your situation, unless there was a joint decision that caused damage to her earning potential, such as the both of you deciding for her to stay home (and do the home stuff) while you worked.
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Old 09-13-2009, 07:30 PM
corkofcaldwell corkofcaldwell is offline
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Default :p

You have not provided enough information for someone to decide what is fair in your situation.

How did you come up with 36K figure, why did you give her 'your' car? How long since separation etc, why did she not work etc. Is she working now,...




Yeah I gave her the car when we bought it 2 yrs ago. Bought it for 32,000 dollars I made Every Payment on it Even though she was supposed to. And abut 4-6k in items. like 42" 1080p Lcd and a 400.00 dollar stand and a wii + 20games , stereo, half decent computer with lcd screen and other misc items...

as for working thats the reason we broke up cause she was to lazy to work and wouldnt clean up very much, and we have been broke up for 10mths now. 2 week ago she finally got a job. and now she wants some sort of money payment.
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Old 09-13-2009, 09:52 PM
wmlaw wmlaw is offline
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I have to admit to being a "rookie" here. I am facing a common law relationship break up and have been told that she wants $120,000 out of the house proceeds (we just sold). She put in $40,000 initially and I put in $160,000 plus I have paid taxes, mortgage payments and all repairs. What is she entitled to & what am I entitled to. We both work, she makes more than I do but can't save 2 nickels. I think I am in trouble....HELP!!!
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Old 09-14-2009, 09:21 AM
HappyMomma HappyMomma is offline
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Quote:
Originally Posted by wmlaw View Post
I have to admit to being a "rookie" here. I am facing a common law relationship break up and have been told that she wants $120,000 out of the house proceeds (we just sold). She put in $40,000 initially and I put in $160,000 plus I have paid taxes, mortgage payments and all repairs. What is she entitled to & what am I entitled to. We both work, she makes more than I do but can't save 2 nickels. I think I am in trouble....HELP!!!
That depends on whose name the home is in. If it is in yours she is only entitled to her downpayment back - at least that's my understanding. There is no division of assets in a common law separation. If it's in both of your names though I have no idea what would happen.
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Old 09-14-2009, 08:01 PM
wmlaw wmlaw is offline
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I have to admit to being a "rookie" here. I am facing a common law relationship break up and have been told that she wants $120,000 out of the house proceeds (we just sold). She put in $40,000 initially and I put in $160,000 plus I have paid taxes, mortgage payments and all repairs. What is she entitled to & what am I entitled to. We both work, she makes more than I do but can't save 2 nickels. I think I am in trouble....HELP!!! The home is in both our names and we have been together for 6 years. I have offered that we both take out our portions and split the left over a 1/2 each. The home sold for $434,500 and has a $110,000 mortgage to be paid off on closing. If anyone has experienced similar or knows what the courts normally decide it would be helpful.
My thanks to CSAngel for starting the info I need.
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Old 09-14-2009, 08:06 PM
HappyMomma HappyMomma is offline
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WMLAW,

Have you checked out the sticky thread under Divorce & Family Law-> Common Law Issues? It has a link to some great information about the differences between common law and marriage separations.

Unless she can prove she contributed to the home she can't make a claim for more than her downpayment if the house was in your name. Paying bills and mortgage don't count either as they are considered normal living expenses she would have had to pay elsewhere. There is basically no division of assets in a common law separation. Good luck.
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Old 09-14-2009, 11:46 PM
representingself representingself is offline
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Common Law is a grey area, but it is often treated the same as a marriage.... 50/50 !

Who paid the mortgage payments etc. is kind of irrelevant...

You say the house sold for $434,500. Pay off the mortgage, get your $160,000, she gets her $40,000, and then you split the remaining funds... ($124,500 / 2) = $62,250 each...

So she ends up with $102,250 and you get $222,250.

Family litigation is very, very expensive... you'll probably both hire Lawyers to settle this ($800/hour).

BOTH of your Lawyers will try to get you to fight as much as possible and drag this out for as long as possible, so that they can get the most $$$$$... They get paid to make you fight... the nastier the better.

They'll know that between the two of you, there is thousands of dollars available for them to leeeeeech from both of you... and they will do EVERYTHING they can to get their grubby little hands on it.

You both want out of the relationship, quick and clean... and no one wants a war... so as I see it... you have a choice.....

If you give her the extra $18,000 now... you'll still have over $200,000 cash.

If you choose to fight it.... you'll pay your Lawyer $20,000, she'll pay her Lawyer $20,000, and in the end, you might get ordered to give her the extra $18,000 anyways...

In the meantime, her Lawyer will seize all of your assets, including the proceeds of the sale, and all of your money will be locked up for the next 2 years while you wait for the Lawyers to get their sh*t together.

The math tells me it would be easier and faster if you let her have the $18,000 to get her off your back... learn from this experience, get this awful situation settled and move on with your life.

You'll either give it to her, or to your Lawyers, either way, YOU ARE NOT gonna keep it.

Try to negotiate through mediation....

Good Luck
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