Common law divorce??(Ga)
I have a relaive.She has lived with a man for 18 years.They filed taxes as "married"the whole time.There are a lot of assets involved.Now,the relationship has busted.The house is in "his name"although she has bank records where she has been involved with the payments for the entire time.Now,the man is telling her she must leave,it is HIS house.So,how would the dissolution of a common law marriage work?I mean the division of assets.Should she see a divorce atty?They were never legally married.Anyone familiar with the law please help.Somehow,I am the "answer man"in the family as I know a lot of things…The law isn’t one of them.I’m thinking divorce atty,but am stuck on the fact that there was no marriage.18 years of building assets together though,seems she should be entitled to half?What to do?What is the first step?Thank you in advance
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GA recognizes common-law marriages if they were entered into prior to January 1, 1997, which this one obviously was. And if they filed taxes as ‘married’, then they clearly held themselves out to be husband and wife (one of the requirements for common-law marriage).
There is no common-law divorce. She has to get a ‘regular’ divorce. Tell her to see an attorney. She *should* be entitled to half of the martial assets–anything purchased during the marriage using martial funds (basically funds earned during the marriage)–regardless of whose name it’s in.
At this point can he make her leave the house? Yes. Until she gets in front of a judge, she has no rights to the house, because it’s in his name.
I’d suggest she visit an attorney ASAP. Many will offer a free initial consultation.
some states dont recignise common law marriages. Tx. does and u have to get a divorce. If she used his name (last) she should be able to stay in the house. But u need to ck with ur state. Get an atty. She also should be able to get alimony. She should be able to find a good cheap atty. thru a church or other organisation. I did when i got my divorce and it was common law. didnt get alimony though. not married long enough.Good Luck