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From: RMD on 6 Nov 2005 23:09
On 5 Nov 2005 19:55:34 -0800, dziak(a)snet.net wrote:

>
>
>
>
>Hello,
>
>I have a very unfortunate and odd situation on my hands and wondered if
>someone could shed light on this.
>
>I have been in a relationship for 5 years, the bulk of that time myself
>and my partner have lived together in a home I purchased before we met.
>The house and all utilities are in my name. Since I am, by far, the
>higher wage earner in the house it was our verbal agreement that I paid
>the monthly housing expenses (mortgage, utilities, etc.) and my partner
>would clean and upkeep the house. Being handy, he also did a lot of
>work on the house and grounds. That was his contribution to the
>household instead of cash.
>
>Sadly, things have gone poorly this year between us (I discovered he
>was unfaithful) and while we have tired to work out our problems, it
>appears our relationship is drawing to a close. While we have had good
>and bad patches during recent months, I have decided it's best we
>part company. Lord knows I tried everything to avoid this.
>
>In any event, my partner does not have many friends or family in the
>area. I have told him in recent weeks that if things don't get
>better soon, he will need to move out so we can both carry on with our
>lives.
>
>WELL, I told him this week that I feel it's best that he make plans
>to move and he has informed (in a friendly way, if you can picture it)
>that as a "tenant/resident" of this house for so long I can NOT
>make him leave the house. His driver's license and mail proves this
>is his home address and has been for several years and if I want him to
>leave, I will have to hire a lawyer and do eviction proceedings to get
>him to leave.
>
>I assume this is his attempt to keep us under one roof in hopes of
>reconciliation. I was stunned.
>
>
>He works in the rental property business and I know from past stories
>he has shared that his company has had residents of apartments and even
>hotel room guests stop paying their rent or room fees and if the
>situation has lapsed past 30 days they can not force the "resident"
>to leave, they must spend months and thousands of dollars on
>evications. I have seen him go through this before at work, so I take
>it that is the basis of what he is saying to me.
>
>Is this true? He has so many belongings it would be impossible for me
>to pack his things, place them outside and change the locks. I also do
>not want to involve the police and truly can't afford a lawyer.
>
>What does one do when they own a home they have shared with someone
>else for quite a while, ask the other party to leave and the other
>party refuses to go? If he correct I must "evict" him legally?

Hi,

I think you need to consult a lawyer.

Here if someone has co-habitated with you for 5 years they are
entitled to a settlement, since they get to own part of your assets.

Sounds like this guy knows his rights, and you are very likely going
to have to cough up serious money if you want him gone.

You need to consult a family law lawyer.

Ross
>

(To get email address ROT 13)
ebff_qnyl(a)lnubb.pbz
From: John on 7 Nov 2005 10:31

<dziak(a)snet.net> wrote in message
news:1131249333.978853.12330(a)f14g2000cwb.googlegroups.com...
>
>
>
>
> Hello,
>
> I have a very unfortunate and odd situation on my hands and wondered if
> someone could shed light on this.
>
> I have been in a relationship for 5 years, the bulk of that time myself
> and my partner have lived together in a home I purchased before we met.
> The house and all utilities are in my name. Since I am, by far, the
> higher wage earner in the house it was our verbal agreement that I paid
> the monthly housing expenses (mortgage, utilities, etc.) and my partner
> would clean and upkeep the house. Being handy, he also did a lot of
> work on the house and grounds. That was his contribution to the
> household instead of cash.
>
> Sadly, things have gone poorly this year between us (I discovered he
> was unfaithful) and while we have tired to work out our problems, it
> appears our relationship is drawing to a close. While we have had good
> and bad patches during recent months, I have decided it's best we
> part company. Lord knows I tried everything to avoid this.
>
> In any event, my partner does not have many friends or family in the
> area. I have told him in recent weeks that if things don't get
> better soon, he will need to move out so we can both carry on with our
> lives.
>
> WELL, I told him this week that I feel it's best that he make plans
> to move and he has informed (in a friendly way, if you can picture it)
> that as a "tenant/resident" of this house for so long I can NOT
> make him leave the house. His driver's license and mail proves this
> is his home address and has been for several years and if I want him to
> leave, I will have to hire a lawyer and do eviction proceedings to get
> him to leave.
>
> I assume this is his attempt to keep us under one roof in hopes of
> reconciliation. I was stunned.
>
>
> He works in the rental property business and I know from past stories
> he has shared that his company has had residents of apartments and even
> hotel room guests stop paying their rent or room fees and if the
> situation has lapsed past 30 days they can not force the "resident"
> to leave, they must spend months and thousands of dollars on
> evications. I have seen him go through this before at work, so I take
> it that is the basis of what he is saying to me.
>
> Is this true? He has so many belongings it would be impossible for me
> to pack his things, place them outside and change the locks. I also do
> not want to involve the police and truly can't afford a lawyer.
>
> What does one do when they own a home they have shared with someone
> else for quite a while, ask the other party to leave and the other
> party refuses to go? If he correct I must "evict" him legally?

Check with a lawyer, First. However:

In the US, most states will see your home as *your* separate property, not
community property sense it was deeded to you prior to what might be a
common law marriage.

If there is no lease agreement, then I don't believe you need to evict.
Call the police to have them escorted off the property.


From: Casey on 7 Nov 2005 10:59
John said

> Check with a lawyer, First. However:
>
> In the US, most states will see your home as *your* separate property, not
> community property sense it was deeded to you prior to what might be a
> common law marriage.
>
> If there is no lease agreement, then I don't believe you need to evict.
> Call the police to have them escorted off the property.

The only thing you said above I agree with was to check with a lawyer
first. This situation is more complicated than you realize.




Casey
From: samjonesetal on 7 Nov 2005 11:05
> In the US, most states will see your home ... it was deeded to you prior to what might be a
> common law marriage.

The big majority of US states don't recognize common law marriages.

> If there is no lease agreement, then I don't believe you need to evict. Call the police to have
> them escorted off the property.

That wouldn't be the case in the state that I live in.

From: Krista on 10 Nov 2005 09:28
"rj" wrote:
> Tracey wrote:
>
> >
> >
> >dziak(a)snet.net wrote:
> >
> >> What does one do when they own a home they have shared with someone
> >> else for quite a while, ask the other party to leave and the other
> >> party refuses to go? If he correct I must "evict" him legally?
> >
> >You would have to check and make sure of your state laws, but, yes,
> >I have heard of this. Fortunately for him and unfortunately for you,
> >it sounds like he knows the laws of your state and you most likely
> >*will* have to go through the courts to evict him.
> >
> >Tracey
> >
>
> It might get even worse than Tracey indicates. If you happen to live
> in the US and live in a "common law" state, it might be that in order
> to end the relationship, you would actually need a formal divorce.
>
> You probably need to check with a lawyer.
>
> And as food for thought, I've pasted some stuff about common law
> marriage below.
>
> rj
>
> STATES THAT RECOGNIZE COMMON LAW MARRIAGE:
> Only a few states recognize common law marriages:
>
> Alabama
> Colorado
> Georgia (if created before 1/1/97)
> Idaho (if created before 1/1/96)
> Iowa
> Kansas
> Montana
> New Hampshire (for inheritance purposes only)
> Ohio (if created before 10/10/91)
> Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and
> court decisions may be in conflict about whether common law marriages
> formed in that state after 11/1/98 will be recognized.)
> Pennsylvania (if created before 9/03)
> Rhode Island
> South Carolina
> Texas
> Utah
> Washington, D.C.
>
>
>
> IF YOU LIVE IN A STATE THAT DOES RECOGNIZE COMMON LAW MARRIAGE: If you
> live in one of the above states and you "hold yourself out to be
> married" (by telling the community you are married, calling each other
> husband and wife, using the same last name, filing joint income tax
> returns, etc.), you can have a common law marriage (for more
> information on the specific requirements of each state, see next
> page). Common law marriage makes you a legally married couple in every
> way, even though you never obtained a marriage license. If you choose
> to end your relationship, you must get a divorce, even though you
> never had a wedding. Legally, common law married couples must play by
> all the same rules as "regular" married couples. If you live in one of
> the common law states and don't want your relationship to become a
> common law marriage, you must be clear that it is your intention not
> to marry. The attorneys who wrote Living Together (additional
> information below) recommend an agreement in writing that both
> partners sign and date: "Jane Smith and John Doe agree as follows:
> That they've been and plan to continue living together as two free,
> independent beings and that neither has ever intended to enter into
> any form of marriage, common law or otherwise

rj, what website did you get that info from? i'd be interested in seeing
what the requirements for Texas are.

krista


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