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legal
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Reged: 09/19/06
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Marriage vs cohabitation
      #148000 - 09/19/06 01:16 PM

If a couple lives together vs being married, and have co-mingled assets, i.e. both names are on deed to home and on titles for vehicles, should they seperate, are the laws the same or different for dividing assets for cohabitation verses being married?

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Miranda
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Re: Marriage vs cohabitation [Re: legal]
      #148002 - 09/19/06 01:17 PM

Very different, how long have you cohabitated?

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13.1...because I am only half crazy!


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legal
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Re: Marriage vs cohabitation [Re: Miranda]
      #148014 - 09/19/06 01:39 PM

2 years

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Miranda
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Re: Marriage vs cohabitation [Re: legal]
      #148045 - 09/19/06 02:46 PM

Sorry, I don't think you have any recourse. Most states no longer recognize common law marriages so the two year duration of your cohabitation is most likely not grandfathered in your state laws.

What is the problem you are having? Do you have paper trails?

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legal
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Re: Marriage vs cohabitation [Re: Miranda]
      #148052 - 09/19/06 03:19 PM

It isn't really that WE are having a problem. His family does not want us to get married because they are afraid that if we get married and it does not work out, I will take everything and he will have nothing.

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Miranda
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Re: Marriage vs cohabitation [Re: legal]
      #148054 - 09/19/06 03:22 PM

Well once you marry, then you can worry about it:)

In the event that you divorce, your marital assets will be divided according to your state law and pre marital assets are usually not divisible if kepy separate.

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13.1...because I am only half crazy!


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legal
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Re: Marriage vs cohabitation [Re: Miranda]
      #148060 - 09/19/06 03:32 PM

yes, but the issue with the family is that we do not get married, and they are holding his inheritance, basically for ransom, and will not give it to him if we get married. They CLAIM that is it because if we get divorced,he will lose everything...and they are referring to the personal things we have together, not including the inheritance...like our house, our truck, our boat, and all of our smaller items....I say that those things would be divided the same if we were married as they would be if we split and never married....they seem to think that say on the house for example, that he is more protected owning the house with me unmarried, than he is married to me...

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Miranda
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Re: Marriage vs cohabitation [Re: legal]
      #148077 - 09/19/06 04:10 PM

Uncomingled inheritance is usually considered separate property. You would have no rights to it-they should know that.

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Debbie_L
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Re: Marriage vs cohabitation [Re: Miranda]
      #148097 - 09/19/06 05:19 PM

It sounds like they just don't like you period, and are saying anything to prevent him from marrying you. I know they are smarter than to think you would get his entire inheritance.

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Miranda
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Re: Marriage vs cohabitation [Re: Debbie_L]
      #148106 - 09/19/06 05:38 PM

I said the same thing to myself...it is just an excuse.

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jaiye
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Re: Marriage vs cohabitation [Re: legal]
      #148634 - 09/20/06 08:08 PM

That is what prenups are for.

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Mothaof4
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Re: Marriage vs cohabitation [Re: jaiye]
      #149684 - 09/24/06 07:19 PM

My situation is we live in an apartment w/4 children..He refuse to leave and now uses money as a form of punishment can I pursue child support while he is in the apt or will I have to wait for financial help until what looks like it will be a very long process of divorce is done

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