Common Law Marriage, Personal Property and Co-Owned House - Civil suit?

[ardnael]

What is the name of your state (only U.S. law)? South Carolina

My ex and I have Common Law Marriage in SC (together same address over 3 years). We are both owners of a house together but the mortgage alone is in his name.
In November he decided he didn't want to be with me anymore. I moved myself and my son into the other room (that was the kids' rooms). He started becoming involved in illegal activities so I moved my son into his dad's house with his family up the road. I still kept my room and put a lock on it. I stayed on friends' couches and would come back to do laundry or sleep there when he wasn't home or was already in bed so we didn't cross paths. Three days after my last stay at my house, he changed the locks and emptied out my room and bathroom into boxes and moved them into the shed so his girlfriend (who I didn't know he had) could move in with her kids. I called the police so I could go in and saw my lock had been removed and all that was left in my room was my bed and TV. Completely violated but legally since he didn't remove it from the property I can't do anything.
I know I can go drill the locks and go into the house and move back in, and he can change them again, and so on. I want him to buy me out I told him that if he paid me my half of the downpayment ($5000) that I would sign to take my name off the title. However, since now I am homeless and I have no idea where my stuff is or what condition it is in (never mind how violated I feel) I am taking legal action.
I filed an eviction notice on him through the magistrate's office. I am filing a property possession request for my belongings including the house. I want to also figure out how to do a civil suit against him. I have missed a week of work trying to retrieve what I could, had to find a storage unit which is expensive, had to find a house for the cat (boarding is expensive) and I am emotionally a wreck because I feel like my personal space has been invaded. I am now homeless and staying at my son's dad's house with his family. I don't even know where my mail is. He says I don't have any but I sent myself mail and it says delivered but he says I still don't have any so I know he is lying.
He hasn't done enough to push a restraining order. What is the best legal course of action to take? A civil lawsuit to recover lost funds and personal damages? Or should I pursue removing him from the property? I want him out of my life and until I receive the money he promised I can't get another place to live. What can I do other than just keep breaking in with police protection?

 

[Just Blue]

What is the name of your state (only U.S. law)? South Carolina

My ex and I have Common Law Marriage in SC (together same address over 3 years). We are both owners of a house together but the mortgage alone is in his name.
In November he decided he didn't want to be with me anymore. I moved myself and my son into the other room (that was the kids' rooms). He started becoming involved in illegal activities so I moved my son into his dad's house with his family up the road. I still kept my room and put a lock on it. I stayed on friends' couches and would come back to do laundry or sleep there when he wasn't home or was already in bed so we didn't cross paths. Three days after my last stay at my house, he changed the locks and emptied out my room and bathroom into boxes and moved them into the shed so his girlfriend (who I didn't know he had) could move in with her kids. I called the police so I could go in and saw my lock had been removed and all that was left in my room was my bed and TV. Completely violated but legally since he didn't remove it from the property I can't do anything.
I know I can go drill the locks and go into the house and move back in, and he can change them again, and so on. I want him to buy me out I told him that if he paid me my half of the downpayment ($5000) that I would sign to take my name off the title. However, since now I am homeless and I have no idea where my stuff is or what condition it is in (never mind how violated I feel) I am taking legal action.
I filed an eviction notice on him through the magistrate's office. I am filing a property possession request for my belongings including the house. I want to also figure out how to do a civil suit against him. I have missed a week of work trying to retrieve what I could, had to find a storage unit which is expensive, had to find a house for the cat (boarding is expensive) and I am emotionally a wreck because I feel like my personal space has been invaded. I am now homeless and staying at my son's dad's house with his family. I don't even know where my mail is. He says I don't have any but I sent myself mail and it says delivered but he says I still don't have any so I know he is lying.
He hasn't done enough to push a restraining order. What is the best legal course of action to take? A civil lawsuit to recover lost funds and personal damages? Or should I pursue removing him from the property? I want him out of my life and until I receive the money he promised I can't get another place to live. What can I do other than just keep breaking in with police protection?

what procedures did you follow to be a common law marrage?

 

[TheGeekess]

There is a misconception that common law marriage in South Carolina automatically happens when a couple lives together for a certain length of time; this is simply not true. Rather, the couple must share an intent to be married to each other, and they must present themselves to the public as a married couple.

Common evidence of common law marriage can be tax returns that are filed jointly, insurance policies (especially those naming a “spouse” as a beneficiary), and memberships identifying the parties as spouses.

http://www.charlestonfamilylawattorney.com/common-law-marriage-south-carolina-family-lawyer/

[SUP]Information presented is merely that; it is not an advertisement for any attorney.[/SUP]

 

[ardnael]

Not Pursuing Common Law

I wasn't pursuing Common Law. I was trying to figure out what Civil Suit to file against him for invasion of privacy, damaging personal items from before we even met, locking me out of my house and leaving me homeless and being involved in illegal drug activities. He can't file me abandoned yet I have a police record of him breaking into my room and emptying it out into a shed within 48 hours of the last time I was home and I am co-owner of the house. Is there anything else I can do to pursue charges against him aside from a civil suit, eviction, and repossession of properties.

 

[latigo]

What is the name of your state (only U.S. law)? South Carolina

My ex and I have Common Law Marriage in SC (together same address over 3 years). We are both owners of a house together but the mortgage alone is in his name.
In November he decided he didn't want to be with me anymore. I moved myself and my son into the other room (that was the kids' rooms). He started becoming involved in illegal activities so I moved my son into his dad's house with his family up the road. I still kept my room and put a lock on it. I stayed on friends' couches and would come back to do laundry or sleep there when he wasn't home or was already in bed so we didn't cross paths. Three days after my last stay at my house, he changed the locks and emptied out my room and bathroom into boxes and moved them into the shed so his girlfriend (who I didn't know he had) could move in with her kids. I called the police so I could go in and saw my lock had been removed and all that was left in my room was my bed and TV. Completely violated but legally since he didn't remove it from the property I can't do anything.
I know I can go drill the locks and go into the house and move back in, and he can change them again, and so on. I want him to buy me out I told him that if he paid me my half of the downpayment ($5000) that I would sign to take my name off the title. However, since now I am homeless and I have no idea where my stuff is or what condition it is in (never mind how violated I feel) I am taking legal action.
I filed an eviction notice on him through the magistrate's office. I am filing a property possession request for my belongings including the house. I want to also figure out how to do a civil suit against him. I have missed a week of work trying to retrieve what I could, had to find a storage unit which is expensive, had to find a house for the cat (boarding is expensive) and I am emotionally a wreck because I feel like my personal space has been invaded. I am now homeless and staying at my son's dad's house with his family. I don't even know where my mail is. He says I don't have any but I sent myself mail and it says delivered but he says I still don't have any so I know he is lying.
He hasn't done enough to push a restraining order. What is the best legal course of action to take? A civil lawsuit to recover lost funds and personal damages? Or should I pursue removing him from the property? I want him out of my life and until I receive the money he promised I can't get another place to live. What can I do other than just keep breaking in with police protection?

Before you start thinking about "evictions", "restraining orders", "buying him out", "filing lawsuits" etc., etc., you had better take a hard look at where you stand evidentiary wise to be able to convince a South Carolina family court that this relationship indeed qualifies as a common law marriage and not just one of sexual convenience (or as the South Carolina Code defines it: "Concubinage".)

It is easy for you to claim that a common law relations exists between you and the man, but could be extremely difficult for you to prove it. Especially as here where all indications suggest that he will deny ever having agreed to this relationship being that of husband and wife.

Also I find incredible that you claim to be a joint owner of the house, but that the mortgage loan is in his name alone.

The only way that could be true is if your name was somehow placed of record as a co-owner of the house AFTER it was mortgaged. And yet you tell us that you contributed to the down payment needed to make the purchase. Which would generally indicate that the deed to the home was taken in you joint names. It is possible that your name could have been added as a co-owner subsequently, but most unlikely.

What you need to do is to spend some money with an experienced South Carolina attorney wise in the nature of the domestic laws of your state, because you have big plate full of legal issues none of which you are capable of resolving on your own.

If it is of interest to you, the first thing I would do is to sue the slob for divorce and ask for the exclusive use of the home pending a final resolution.

Good luck

 

[ardnael]

Before you start thinking about "evictions", "restraining orders", "buying him out", "filing lawsuits" etc., etc., you had better take a hard look at where you stand evidentiary wise to be able to convince a South Carolina family court that this relationship indeed qualifies as a common law marriage and not just one of sexual convenience (or as the South Carolina Code defines it: "Concubinage".)

It is easy for you to claim that a common law relations exists between you and the man, but could be extremely difficult for you to prove it. Especially as here where all indications suggest that he will deny ever having agreed to this relationship being that of husband and wife.

Also I find incredible that you claim to be a joint owner of the house, but that the mortgage loan is in his name alone.

The only way that could be true is if your name was somehow placed of record as a co-owner of the house AFTER it was mortgaged. And yet you tell us that you contributed to the down payment needed to make the purchase. Which would generally indicate that the deed to the home was taken in you joint names. It is possible that your name could have been added as a co-owner subsequently, but most unlikely.

What you need to do is to spend some money with an experienced South Carolina attorney wise in the nature of the domestic laws of your state, because you have big plate full of legal issues none of which you are capable of resolving on your own.

If it is of interest to you, the first thing I would do is to sue the slob for divorce and ask for the exclusive use of the home pending a final resolution.

Good luck

We were together 5 years (moved here from FL) He put my name on the house because I didn't want to hit my credit for another year, but I was putting half the money in and that was the only way I would buy a house with him. I was there at signing and have my name on all the paperwork for the house. I worked part time anyways and cared for his son and mine after school hours so he had an open work schedule. I could prove a marriage relationship with our kids' school and doctors, etc...(he has a son and I have a son, none mutual) but I really just want my stuff back and to find out what legal leg I have to stand on to recover my funds from the house and get my name off it before he ends up getting in legal trouble and I am dragged into it. I just want to move on with my life.
Since I am not from here I don't know people to contact legally for assistance. I am going to contact our real estate agent and see if she can point me in the right direction to a lawyer. (Never even imagined being in this position!)
Thank you for your help.

 

[LdiJ]

Whether she is common law married to him or not she is a co-owner of the home. Her name is on the deed. Therefore she has every right to live in the home.

Personally, I would call a locksmith and change the locks on the home, and move back in. If he attempts to lock you out again, then keep calling a locksmith and keep changing the locks. Eventually he will have to take your rights to the home seriously and negotiate in good faith.

 

[ecmst12]

Or file for divorce and ask for possession of the home.