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-   -   Common law in ga (https://www.askmehelpdesk.com/showthread.php?t=528073)

  • Nov 21, 2010, 10:32 PM
    agibby10
    Common law in ga
    I have lived with the same guy for the last 16 years. We have split up and he isn't wanting to give me anything but my cloths. We have cosigned on 2 cars within the 16 years. And when my dad passed away 6 year ago his company paid him bereavment pay. His mother sent me a birthday card that had the word daughter in Law on it and has introuced me as her daughter in law. Do I have any rights at all?
  • Nov 22, 2010, 05:00 AM
    ScottGem

    Georgia repealed its Common law marriage law in 1997. If you are on the TITLE of either of those cars, you have an interest in them, but if you are just on the loans, then no.
  • Nov 22, 2010, 07:02 AM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    Georgia repealed its Common law marriage law in 1997.

    Three years after they began living together. Is she in or out?
  • Nov 22, 2010, 11:19 AM
    agibby10
    Hi Yes I want to keep my car. And we just bought it in March 2010. He has a house in his name only, can I have him refinance it and I get half so that I can start living again. Or am I just out of luck there? So we are not common law since we only lived together since 1987?
  • Nov 22, 2010, 04:10 PM
    cdad
    Quote:

    Originally Posted by agibby10 View Post
    Hi Yes I want to keep my car. And we just bought it in March 2010. He has a house in his name only, can I have him refinance it and I get half so that I can start living again. Or am i just out of luck there? So we are not common law since we only lived together since 1987?

    When did you actually start living together? Its 2010 now and 16 years would go back to 1994. Now your saying 1987 which makes it 23 years??
  • Nov 22, 2010, 04:37 PM
    ScottGem

    As far as I can tell there was no grandfathering in the old GA law. But you would be well served by consulting a local GA Family Law attorney. Many attorney's will give a free consultation so you can at least find out your chances.
  • Nov 22, 2010, 04:38 PM
    ScottGem

    You didn't answer whether anything is solely or partially in your name. Anything that is not in your name you will probably have no rights to.
  • Nov 22, 2010, 08:51 PM
    Fr_Chuck

    Yes, they would have had to live together the number of years to be common law by that date to be common law, so if it is the 97 or 87 makes the difference. Also were there joint bank accounts, and did they buy and do things together as man and wife. ( not just room mates having sex)

    And as noted you will need to have your name on the title and/or deed, not the mortgage or loan to own part of it

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