Common Law?? My Rights?

[cindylu6969]

My boyfriend and I broke up recently. Last year we bought a house together. He was not able to qualify on his one for 100% of the loan, so I agreed to do a 90/10 mortgage with him. Him being the 90% and myself being the 10%. We have talked to a Mortgage lender, and my ex can't qualify for the house on his own, which means I will have to remain on the mortgage. Am I obligated to pay the mortgage, and what happens if I don't pay? We also have a car that is in both our names. We do not have kids together, or anything else and we have never filed our taxes together, nor did we ever refer to ourselves as Husband and Wife when we were together. What are my rights? Do I need to get a Divorce? I reside in Colorado, and know that Colorado does recognize "Common Law Marriage". I have looked up the meaning of common law, and do not feel we qualify, but would like to make sure. I would appreciate any and all advice on this matter! Thank you.What is the name of your state (only U.S. law)?

 

[seniorjudge]

There are only three ways that I know of to prove a common law marriage:

1. Declaratory judgment

2. File a lawsuit for dissolution of marriage

3. Die and the survivor file a probate as surviving spouse

 

[Zigner]

Whether or not you were married...YOU are and will remain on the hook for the obligations YOU took on. Even jointly...

 

[Ohiogal]

They weren't married but she is on the hook for the property responsibilities.

In other words, you still have to legally pay for the house and car because you volunteered for that responsibility. You can file a partition lawsuit to force the sale of the house.