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Posted (edited)

My brother, Trevor met this woman (Tracey) with 2 kids from 2 different guys. She was not getting child support from 2 different guys as they are total losers. Tracey seems nice and said she runs and works part time is was attractive. They would run together and have sex. (gross).

Then Trevor bought her a big house because she was living at her parents house with 2 kids.

Immediately, he noticed now there is NO sex and hmm she stopped running with him and he realized she smoked pot every day and worked less.

Well Trevor over the years paid for everything, including kids cars and education. The kids stayed at the house even after graduation and brought their kids to live their too.

 

4 years ago Trevor got transferred 3 hours away for work and asked user Tracey if she would like to move to new town so they

can have a relationship and she said no way, she likes the house and town they live in.

 

So he has been working in this other town and go back to their house about twice a month for a day or so. She was always a cold biotch when he would go home. She NEVER once came to his basement suite to visit him. He always gave her cash when ever his would go back home.

 

He ask her to move and sold his house. Now she wants half the money for said house. I don't think she can claim Common Law Marriage because 1. He did not put her on his Income Tax form, he said he was single. 2. He has a dated letter to land lord from 4 years ago asking to live in basement suite and it says he is SINGLE.

 

Can he just get away from this gold digger clean free or does he have to pay her half of his house and everything as if this is a common law marriage? I think he can say to judge that he left common law marriage 4 years ago and she refused to come so he waited until last kid got car and education so last 4 years he was not in relationship with her.

 

Please help!! :|

Edited by MableKath
wasn't relevant
Posted

Check with a lawyer in your jurisdiction, but generally even if the state does recognize common law marriage, if he owned the house before the marriage or purchased it with his separate money he had before the marriage, and he kept the house in his name alone, then no he should not have to share the proceeds from the sale. Check with a local family law attorney.

 

Also, did they present themselves to the public as husband and wife?

Posted
I don't think she can claim Common Law Marriage

Well the biggest question to ask would be, where do they live? Only a few places have common law marriage laws. If she's not living in a jurisdiction that recognises common law marriage then she has zero chance.

Posted

Common law marriage is generally disfavored & depends on the jurisdiction. It requires a number of factors including comingled funds & a long term relationship where you have lived together & held yourself out as being married for a specified period of time that varies from state to state.

 

These are complicated legal questions for which he would be well served to consult a lawyer.

Posted

Even if they live in one of the few states that recognize common law, there are rules that they have to abide by in order to be common law. Its most likely that he doesnt owe her a penny.

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