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  1. #1
    craftyfox is offline Junior Member
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    Cohabitation In Georgia

    cohabitWhat is the name of your state? Georgia
    I moved to Georgia from Pennsylvania in May of 2002. I moved in with my partner at that time. We have lived as man and wife, and have even referred to ourselves as such at times. I care for his 2 sons when they come to visit, and he cares for my son during times when I cannot be here.
    After sharing an apartment with him and my son, we moved into a house in September of 2002. His is the only name on the mortgage because my divorce was not final at the time. We also bought a new car during this time.....in his name only also. I did finally get my divorce in June of 2003.
    In November of 2003, my older son**************..age22....died. Then I lost my job due to corporate politics. (I filed a harrassment complaint, so they found a reason to discharge me.)
    During this time he was supportive, yet also was upset because I wasn't working. I did, however, bring money into the home through Ebaying and from my ex husband.
    Now he has stated that he thinks we need to sell the house and go our seperate ways because of financial difficulties....and because he can't deal with my sadness anymore.
    I have put as much as, if not more, money into this home. I do all the work**************...painting, papering, cleaning, household chores, lawn care, landscaping, etc. I do not want to sell it. I want to continue to live here. My son needs stability.
    What rights do I have?
  2. #2
    BelizeBreeze is offline Senior Member
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    And who's name is on the deed?
  3. #3
    rmet4nzkx is offline Senior Member
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    Im sorry for your loss.

    I think you were trying to see if you could consider your relationship to be a common law marriage, however, this would only be valid in Georgia (if created before 1/1/97) and since your divorce was in June 2003, you would not have "Marriage" as a basis for property settlement unless, your name was on the deed even if it was not on the mortgage or had some other form of contract. Can you afford to buy him out? Can you afford to pay for a mortgage without a job?
  4. #4
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by rmet4nzkx
    Im sorry for your loss.

    I think you were trying to see if you could consider your relationship to be a common law marriage, however, this would only be valid in Georgia (if created before 1/1/97) and since your divorce was in June 2003, you would not have "Marriage" as a basis for property settlement unless, your name was on the deed even if it was not on the mortgage or had some other form of contract. Can you afford to buy him out? Can you afford to pay for a mortgage without a job?
    Well duh!!!! Now, I wonder why I asked the specific question I did???

    Now, for extra credit, why is the repeal of the common law marriage statute in Georgia NOT relevant to her issue?
  5. #5
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by BelizeBreeze
    Well duh!!!! Now, I wonder why I asked the specific question I did???

    Now, for extra credit, why is the repeal of the common law marriage statute in Georgia NOT relevant to her issue?
    OP made the point that upon living together in Georgia, as if trying to establish a common law marriage with the following statement, :"I moved to Georgia from Pennsylvania in May of 2002. I moved in with my partner at that time. We have lived as man and wife, and have even referred to ourselves as such at times."
    However this was both after the repeal of common law marriage in Georgia and she was still legally married in PA and therefore not eligible for common law marriage even if it still applied. I don't think being a common law bigamist would help her, lol. Furthermore, they didn't marry after her divorce, or file taxes or have a mortgage together and possibly would not have even qualified under Georgia law, although if this had occured in PA instead of Georgia it would have qualified as common law marriage. I think OP was applying PA standards thinking the same applied in GA. So unless, as you aksed, they are on the deed together or they have some contract, which I asked, assuming that there is none, she is SOL unless he is willing and she is able to buy him out. If they are having financial troubles, it is likely that a palimony action would be too costly to persue and would net nothing.

    Her only potential source of funds beyond child support, is this emloyment complaint, if and or when there is a settlement, most likely she doesn't want to share, although he might have a valid claim since he supported her.
  6. #6
    BelizeBreeze is offline Senior Member
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    The ONLY answer I'm waiting for is if her name is on the deed. Otherwise, all other points are moot. she's out on her ass.
  7. #7
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by BelizeBreeze
    The ONLY answer I'm waiting for is if her name is on the deed. Otherwise, all other points are moot. she's out on her ass.
    I agree all the other points are moot, but I still get extra credit!!! It is apparent that OP was hoping otherwise, and of course they are gone.
  8. #8
    craftyfox is offline Junior Member
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    His name is on the deed..and on the car.....and on all of the bank accounts ..and on all the bills except the electric. But, I had every single paycheck and thousands of dollars from my son's death benefits, and thousands more from my ex and thousands more from my tax refund check put into those accounts. My name is on one savings account. I saw somone mention palimony. Is that possible in this otherwise unfair state?
  9. #9
    craftyfox is offline Junior Member
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    And is it possible to have my name on the deed if the mortgage paper is in his name???
  10. #10
    BelizeBreeze is offline Senior Member
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    You have no right to the home. And all the other things you mention will require proof that your monies were co-mingled.

    Of course, he could always claim that you were gifting him the money for the right to live in his house.
  11. #11
    HomeGuru is offline Senior Member
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    Quote Originally Posted by BelizeBreeze
    You have no right to the home. And all the other things you mention will require proof that your monies were co-mingled.

    Of course, he could always claim that you were gifting him the money for the right to live in his house.
    **A: as in you were a tenant paying rent.
  12. #12
    BelizeBreeze is offline Senior Member
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    It's going to be a rainy night in georgia...
  13. #13
    LdiJ is offline Senior Member
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    To the original poster: Go get a consult with an attorney. There probably is nothing that you can do...however if you really did spend thousands on the home/property and can prove it an attorney may be able to find some recourse for you. Its at least worth getting a consult.
  14. #14
    craftyfox is offline Junior Member
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    First of all, thank you to those of you that replied with facts and kept your rude comments to yourself. I appreciate your input and I have consulted an attorney. She has found several ways I can at least get back most of the money I have put into the home. After totalling the several items of proof, we found I have put over $50,000 into the home**************and that doesn't count the hours spent doing cosmetic work repairs, landscaping, and of course ALL of the household chores. Therefore, I do have hope of at least getting some of that back so that I am able to provide stability for my son. I also will be pursuing the claim against my former employer.
    Second, to BelizeBreeze**************I am sure you are not a professional,,or at least an unsuccessful one. I suggest you spare future "victims" of yours the inappropriate comments and cursing. Oh, and there will be no need to reply again to me**************I shall consider this closed.
  15. #15
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by craftyfox
    First of all, thank you to those of you that replied with facts and kept your rude comments to yourself. I appreciate your input and I have consulted an attorney. She has found several ways I can at least get back most of the money I have put into the home. After totalling the several items of proof, we found I have put over $50,000 into the home**************and that doesn't count the hours spent doing cosmetic work repairs, landscaping, and of course ALL of the household chores. Therefore, I do have hope of at least getting some of that back so that I am able to provide stability for my son. I also will be pursuing the claim against my former employer.
    Second, to BelizeBreeze**************I am sure you are not a professional,,or at least an unsuccessful one. I suggest you spare future "victims" of yours the inappropriate comments and cursing. Oh, and there will be no need to reply again to me**************I shall consider this closed.
    I really don't care if you think I was rude or not. You MAY receive some money from him, you MAY not. However, you have no valid legal claim to the home period, regardless of what your attorney said.

    And you have no legal basis for palimony, alimony or any other such arising out of a 'marriage' either civil or common.

    THE ONLY way you may recoup any of the monies you put into this home is through fraud of detrimental reliance which has nothing whatso ever to do with your posts here.

    If you don't like the answer you receive then too damn bad. But be sure to come back here when the judge thows out your suit and let us know what happens. Case number and all.

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