possible palimony suit

[bobbielynn]

What is the name of your state? New York
I was involved in a relationship for over 10 yrs; my partner lived with me for over 7yrs, during that time he paid nothing towards the mortgage or other household expenses. He was able to save to afford to file for divorce and pay the ex wife, as well as put $11k towards improvements to his family's vacation home. I never asked for money towards bills and he never offered...I know my mistake. We decided to make some improvements to my house and he said he would do all the work to save some money. He started home improvements, of which I paid for materials & supplies. He moved out, left the work unfinished with a promise to return to complete. It has been over 8 months, he doesn't return calls, still has the keys to the house, which he has yet to return. I would like to know if I have any grounds to pursue a palimony suit against him. Please advise. Thank you

 

[Ohiogal]

What is the name of your state? New York
I was involved in a relationship for over 10 yrs; my partner lived with me for over 7yrs, during that time he paid nothing towards the mortgage or other household expenses. He was able to save to afford to file for divorce and pay the ex wife, as well as put $11k towards improvements to his family's vacation home. I never asked for money towards bills and he never offered...I know my mistake. We decided to make some improvements to my house and he said he would do all the work to save some money. He started home improvements, of which I paid for materials & supplies. He moved out, left the work unfinished with a promise to return to complete. It has been over 8 months, he doesn't return calls, still has the keys to the house, which he has yet to return. I would like to know if I have any grounds to pursue a palimony suit against him. Please advise. Thank you

Nope. No palimony. You may have a breach of contract (though verbal) for the unfinished repairs.

 

[LdiJ]

Also, if he still has keys...then its probably time to change your locks.

 

[bobbielynn]

Isn't common law recogonized in NY? and don't I have any rights under common law for my situation?

 

[Ohiogal]

Isn't common law recogonized in NY? and don't I have any rights under common law for my situation?

Not according to what you have said. Did you hold yourself out as each other's spouse? Did you file taxes together as married filing jointly? Did you intend to be married? And you wouldn't get palimony then either. However he would be entitled to half the marital assets (including half the equity that accrued in the house during the marriage). But since he was UNABLE TO enter into a marriage when he moved in with you as he was saving for a divorce, NO you were NOT common law married.

 

[Rushia]

Doesn't matter all, NY doesn't recognize common law anyway.....

 

[penelope10]

Doesn't matter all, NY doesn't recognize common law anyway.....

At least it wasn't spelled palimoney this time.

Op I agree with the other posters, no common law marriage existed. And as Rushia stated if NY doesn't recognized common law marriages then that's a mute point.No palimony coming either.

As LD stated if you haven't changed the locks yet, do so to further protect yourself from this person entering your home without invitation. Sadly this may just be one of those hard lessons learned in life.