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    flossi's Avatar
    flossi Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 22, 2009, 06:16 AM
    Can we be removed from his my common law spouse's home?
    "D" my common law spouse and I have been living in his home with our 3 children since Aug 1, 2007. One of the 3 children is his biological child the others are mine from a previous marriage. He left the family home about 6 weeks ago. I allow him visits with his son when he requests them. I have been asked to vacate the property (which was his prior to our relationship and still solely in his name) with the children before the end of November. There has been no legal eviction paper served on me, he is paying the household bills while I look for a place for us. I am worried that I may not be able to find a reasonable place for us in that time frame. The children are 12, 10 and 3. I am applying for places to live and making an effort, while holding down a 25 hour a week job. Can we be forced out onto the street in December without an eviction notice?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 22, 2009, 06:17 AM

    You have to be evicted - you also need to file for child support.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #3

    Oct 22, 2009, 07:04 AM

    No, you can't be thrown out with out an eviction notice. You will have to be evicted (if you are unwilling to be out in the time that he wanted you out). I have to ask though whrere are you? I would guess Canada because common law marriage is not recognized in most U.S. states and in those that it is it takes a lot more than two years to become common law.

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