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    k_t's Avatar
    k_t Posts: 1, Reputation: 1
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    #1

    Feb 22, 2008, 01:54 PM
    Statue of limitation on adult interdependent relationships (commonlaw)
    I was in an off and on relationship with a man for almost 7 years. We purchased a condo together the last 2-3 years of our relationship but when the relationship ended, we split the profit of the sale of the condo 50/50, split the furniture, etc. However, we did not claim any other financial items - savings, stocks, etc. After 2.5 years, my ex has contacted me and has implied he plans to sue me for the employee stocks I purchased during the time we were together. Isn't there a statue of limitation and what rights do I have against someone who was always earning more income (2x) than me?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 22, 2008, 04:59 PM
    1. First where do you live, most states in the US do not reconise common law marriage. So unless you live in an area that reconises common law marriage the issue is mute. If they do, I would say he still have some claim, I would get an attorney at this point.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Feb 24, 2008, 06:39 AM
    Hello k:

    There is a legal procedure that the courts use to figure out this stuff. It's called divorce. Those, who choose not to avail themselves of the rights marriage confers, cannot ask the court to bestow them on themselves after the fact. The court will not do so in any case.

    Therefore, how much he made is of no consequence. How long you were together doesn't matter. What matters is who paid for the stocks, and who owned the savings account.

    Secondarily, it seems to me, and the court would agree, that his rights to any of that property were forfeited because he didn't pursue them when he had an opportunity to do so. Certainly, when you were deciding who got the end tables, if he thought the stocks were important, he would have brought it up then.

    The legal theory at work here is called laches. I doubt your SOL theory will hold up, cause I'll bet its three years where you live.

    excon

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