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I have 15 years with my wife,but not legally married,can she kick me out of the house
I been with my wife for 15 years but not legally married,and we bought the first house in 2006 but I never put my name on papers and most of the money was me who put it and now she is kicking me out after we got the 2nd house.can she kick me out?
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 Originally Posted by mawtom
The legal boards are not discussion boards (nor are the medical boards). We take pride in our answers. Many of us are educated in the law, experienced, have good research skills. I realize you are trying to help but this is not legal advice - just about every question on the legal boards can be answered with "ask an Attorney." To OP - what State? You could be common law. No, she cannot simply "kick you out" of your residence. You would have to be evicted from HER house (if it is, indeed, in her name) according to the laws of your State. If the deed is in her name she is, indeed, the owner and you have no interest in the property, despite having paid for the house. If you are common law it is a question of property division when you divorce - IF you are common law. |
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Since common law marriage has been removed from statute in most US states, there is a good chance that she can evict you. Without the protection of a marriage license you may have no legal interest in the property. That means she, as the registered owner, can file for an eviction order according the laws in your area. But she can't just summarily kick you out. You have established the property as your residence which means she has to treat you as a tenant and evict. I would suggest consulting an attorney immediately to see what rights you have. If any, with respect to the property.. |
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I should have listed the States which recognize common law - the info is: "(Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, and Texas) and the District of Columbia recognize common-law marriages contracted within their borders. In addition, five states have "grandfathered" common law marriage (Georgia, Idaho, Ohio, Oklahoma and Pennsylvania) allowing those established before a certain date to be recognized. New Hampshire recognizes common law marriage only for purposes of probate, and Utah recognizes common law marriages only if they have been validated by a court or administrative order." Common Law Marriage |
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