creampuff said:
hi,
I live in kentucky and my husband and i have been divorced for 18 years but after a short seperation we have been now living together 17 years and have a 16 yr. old daughter. I want to be out of this relationship but what do i have to do....we own a house and other property, do we have to get a divorce and how do we split up the property, i have no idea how to go about this, we never re-married.......thank you
My response:
Since you were divorced 18 years ago, and since Kentucky is not a common law marriage State, and since you never re-married this gentleman, in the eyes of the law, you're merely "shacking up" - despite the fact that the two of you have a minor daughter. Obviously, then, without a marriage, there's no reason for a "dissolution of marriage"; in fact, there's nothing to "dissolve".
Without the sanctity of marriage, you are not protected by the marital laws; e.g., you're not entitled to any form of spousal support. However, you would be entitled to "child support" until your daughter is 18, assuming a court awards you custody.
The only thing you can do is Petition the court for child support and custody of your daughter - - and he can do this also, turning this whole matter into a "horse race". The Family law court won't even decide the issues of property because the property was not part of any marital contract.
Therefore, in order to split up the property, you and he will need to come to a voluntary agreement to sell, or refinance, the house to buy out the other spouse. This, of course depends upon each of your credit worthiness and ability to pay for a refinanced mortgage.
However, if you and he cannot agree to a voluntary settlement, one of you will have to bring a lawsuit against the other for "partition" of the property, and obtain court orders for either the sale or refinance of the house. Of course, this same concept goes for all personal items too, like "who gets the T.V. Set, the coffee table, the ironing board, the coffeemaker, etc., etc.", ad nauseum.
There are "Settlement Agreements" on the Internet that you can use, and massage for your particular facts and circumstances. If the two of you are amicable about this split-up, and can do this voluntarily, then this method is the best way to go (and cheapest).
Good luck to both of you,
IAAL
