My common law husband had me served with eviction papers and I have 3 days to get out before the sheriff comes to evict me. What are my rights? He owns the house but we've had joint bank accounts, insurance policies, he's claimed me as a dependent on his taxes for the last 9 years while I was a housewife, and he's told several different companies I'm his wife, Can he really have me evicted?

Since you aren't legally married he can evict you.

It depends. What state? Did you ever file court papers for common law? Not all states even recognize it.
Unless your state changed in the years since you filed, Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Utah and Texas, and the District of Columbia, are the only states left.

As for eviction, that goes by state law too, and he can't throw you out in 3 days unless you are at the end of the court process, which takes time. When did he first start notice to leave?

As for taxes, he can claim you without being married, as long as you agreed to it and didn't file your own form.

I'm guessing he has already gone to court as the OP was "served" with eviction papers.

Yes, but people twist legal terms around and can make a 3 day notice to quit seem like an eviction.
And it's hard to believe that she waited through an entire eviction to start asking.
If the eviction papers are real, AND you aren't really in an official common law marriage, then yes, a sheriff will come in 3 days and physically remove you.

http://www.ncsl.org/research/human-s...-marriage.aspx

(I see that in NH at least, perhaps others on the list, you don't have to file common law in court.)

I'm in Colorado so we do recognize common law marriage. Yes he's already gone to court and I came home today to an eviction notice taped to the front door by the sheriff. I don't honestly know when he started this process but the notice I got today said 9/8/14

Then he can't evict you, but you have to file for divorce ASAP!
Contact the courthouse first thing in the morning. And call a lawyer for advice about proving this. And gather all important papers TONIGHT.

The simple answer is that he can do whatever he chooses until there is a court order telling what he can and cannot do. If you believe there is a common law marriage you need to file for divorce. Answer Applies to: Colorado

What papers will I need?

All proof that you have lived as a married couple - bank accounts, tax returns, anything and everything.

Thank you!

How did he go, to court, you had to be served and notified

He had his buddy serve me papers at work about 3 days before court

You need to read what you were served with more carefully. The sheriff cannot come to remove you without a court hearing. Colorado Eviction I suspect the notice you received was the FIRST step, not the last. So you really need to read it carefully and check with the court that issued it (if a court did issue it). If it is the first step, then a hearing will be scheduled if you do not vacate. At the hearing, you present to the court proof that you are in a common law marriage and ask the court to deny the eviction petition on the grounds that this is the marital home and that he needs to file for divorce rather than eviction.

I would advise getting a Family Law attorney as it looks like you are heading for divorce and will need one.

It looks to me that the husband has gone to court, didn't bother to bring up what OP says is a common law marriage, and served OP with a summons( or perhaps even got a writ of restitution issued). OP needs to go to court ASAP and get the writ (if that's what it is) quashed.

AK lawyer that's exactly what happened. Here's the whole situation. On Aug. 5 he had his buddy serve me papers with a court date of Aug. 8. I'm pretty sure I read something that said he has to have me served at least 12 days before court. According to him he dropped it. So I came home from work yesterday to the eviction notice taped to the front door with a notice date of Sept. 8. The eviction is supposed to happen on Friday Sep. 26 at 9 a.m. I have not received anything since the papers I got on Aug. 5.

NOW you tell us about August and subsequent events before yesterday?? I'm out of here.

What was the stated "reason" for the eviction? What grounds was he trying to use to throw you out?

He said that I had broken the "rental agreement" that we had. I have NEVER signed nor agreed to any kind of agreement, I was a housewife for about 8 1/2 years up until Feb. of this year and since then have been working about 25 hrs a week for $9/hr

Who did he say this to? Have you checked the notice to see what it really is?