Common Law Marriage question-Please HELP!

[Lori1225]

What is the name of your state? Mississippi

I have a relative that has been living as Husband and Wife for the past 10yrs. with a woman.
One of them has just recently decided that they would like for the relationship to end. Is Common Law Marriage recognized by the state of Mississippi? They have acquired property as a couple during their relationship over the past 10 years and would like to know if they are both entitled to half of everything. For example, both names was on the 1st home that they purchased. They sold it and used the money for a downpayment on the house they currently live in. Unfortunately both names on not on the current deed. Are they still both entitled to have of the equity in the home? How would that work... would the person that keeps the house have to pay the other person their part of the equity or would the house have to be sold and the profits split between both parties?

Thanks for any and all help with this problem.

[Whyte Noise]

Only Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah, as well as the District of Columbia, recognize common law marriages. New Hampshire recognizes common law marriages only for the purposes of inheritance. In any other state the only marriage that is recognized as valid is an official one.

If the current house is only in one person's name, then that's the only person that has ownership. Both names on a deed would confer joint ownership, but you stated only one name was on there. Joint names on a mortgage only means that both are responsible for paying what's owed, not that they both own the house. (Just threw that in, in case both names are on the mortgage, but only one on the deed.)