My boyfriend and I are splitting up after 9 years we have a two year old son he bought a house for us right after he was born. We agreed I will take custody of connor but do I have any legal right to take the house from him because it's only in his name. I just feel that since he's the one who wants to leave why shouldn't I get the house.

Hello laura:

If you were married, you probably WOULD get the house. Marriage IS the legal protection you needed. I'm not lecturing you. I couldn't care less. It's just that there isn't a whole lot of legal protection for people who co-mingle their lives, and then want out.

Consequently, if his name is the only one on the deed, it's HIS house. Frankly, it doesn't matter how you feel about it. What WILL matter, are receipts showing that YOU put money into the house too. Plus, if you're lucky, your state (you didn't say which one) might recognize common law marriage.

In any case, you need a family attorney.

excon

You REALLY NEED an attorney in this case. There are a number of issues that could get you protection. Whether your state recognizes common law marriages, what the local courts position on "palimony" is. The laws vary from state to state and a nine year relationship, especially one that produced a child, may have some legal protection. As soon as possible after you read this, open your Yellow Pages and look for a Divorce/Family attorney.

In some states there is a term called "Commonlaw Marriage" you might have some rights to the house under that law if it applies in your state.