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Thread: Wife's Rights

  1. #1
    allies.mom203 is offline Junior Member
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    Wife's Rights

    I live and am Common Law married to my husband in the state of Colorado. My husband has been on probation for a little over a year. He was arrested yesterday on a probation violation (leaving the state without permission). He has an apartment (we are in the process of moving) in another town. I called the manager to make arrangements to pick up his things (and mine) and I was told that because he rented it with someone else, that I had no rights to anything in that apartment. As his legal wife, what are my rights? How do I go about getting our stuff?
  2. #2
    seniorjudge is offline Senior Member
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    As his legal wife, what are my rights?


    Let's start here.

    How can you prove you are his legal wife?
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by allies.mom203 View Post
    I live and am Common Law married to my husband in the state of Colorado. My husband has been on probation for a little over a year. He was arrested yesterday on a probation violation (leaving the state without permission). He has an apartment (we are in the process of moving) in another town. I called the manager to make arrangements to pick up his things (and mine) and I was told that because he rented it with someone else, that I had no rights to anything in that apartment. As his legal wife, what are my rights? How do I go about getting our stuff?
    If you were not living together HOW can you be common law? One of the fundamental guidelines for determining Common Law Marriage is living together and conducting yourselves as a married couple.
  4. #4
    allies.mom203 is offline Junior Member
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    Legal Wife Proof

    We were living together at the time that we chose to become common law married. I lived with him for almost a year. I recently moved to Colorado Springs ahead of him so I didn't have to move with a newborn (I am 8 months pregnant). He stayed behind at his job so that the baby and I would have insurance. In Colorado, there is no such thing as common law divorce.

    I can show that we filed taxes as a married couple, and that I carried him (and then he carrie me once I moved) on his medical insurance as a spouse.
  5. #5
    Silverplum is offline Senior Member
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    Quote Originally Posted by allies.mom203 View Post
    We were living together at the time that we chose to become common law married. I lived with him for almost a year. I recently moved to Colorado Springs ahead of him so I didn't have to move with a newborn (I am 8 months pregnant). He stayed behind at his job so that the baby and I would have insurance. In Colorado, there is no such thing as common law divorce.

    I can show that we filed taxes as a married couple, and that I carried him (and then he carrie me once I moved) on his medical insurance as a spouse.
    [url]http://family.findlaw.com/marriage/living-together/common-law-states.html[/url]

    In order for a common law marriage to exist in Colorado, the relationship must be proven by the cohabitation of the common law spouses and their reputation for being married.
  6. #6
    allies.mom203 is offline Junior Member
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    Quote Originally Posted by Silverplum View Post
    [url]http://family.findlaw.com/marriage/living-together/common-law-states.html[/url]

    In order for a common law marriage to exist in Colorado, the relationship must be proven by the cohabitation of the common law spouses and their reputation for being married.
    I understand that cohabitation is a requirement. However, just because I moved, does that mean that we are no longer married? I have been informed that there is no common law divorce in the state of Colorado. His probation records will show that his living address is the same as mine, so will employment records... Also, I found this at [url]http://www.colorado-family-law.com/colorado-common-law-marriage.htm:[/url]

    Factors for Determining Colorado Common Law Marriage
    Though living together (cohabitation) is required, no specific duration is necessary. This means that a couple which is clearly girlfriend/boyfriend could live together for 20 years without creating a common law marriage in Colorado. However, a relationship where the couple hold themselves out as married and intend actually to be married could be considered a marriage in a relatively short time. Here is a non-exclusive list of factors Colorado divorce courts look at when determining whether a common law marriage exists:

    1. Whether the couple refer to themselves as married to third parties,

    2. Filing joint federal or state tax returns,

    3. Listing the other party as a spouse on insurance forms or retirement plans,

    4. Joint finances, such as bank accounts, or owning property, and

    5. The woman taking the man's surname.

    No one factor is paramount, but typically claiming the other party as a "spouse" simply to gain a private economic advantage (health insurance, joint gym membership, etc), while potentially fraudulent, is not usually sufficient to establish a common law marriage in Colorado. A Colorado common law marriage is not simply living together or a casual relationship - it means the couple tells everyone they are married. Filing joint tax returns is widely regarded as the most important of these factors, since it means the couple is holding themselves out to the government, under penalty of perjury, as being married.

    Spouses in a Colorado common law marriage enjoy all of the benefits of being married, in Colorado, other states, or in the eyes of the federal government, including the military. However, to prevent fraud, some institutions require proof of the common law marriage, either by showing joint tax returns, or filling out an affidavit swearing that a couple is married. Here is a sample Affidavit of Common Law Marriage.
  7. #7
    TinkerBelleLuvr is offline Senior Member
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    Ask what the LL what they will accept as proof of permission to pick up the stuff. Notarized affadavit? Notarized letter?
  8. #8
    Zigner is offline Senior Member
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    At the risk of repeating what was said earlier:

    Let's start here.

    How can you prove you are his legal wife?

    __________________

    Quote Originally Posted by allies.mom203 View Post
    I understand that cohabitation is a requirement. However, just because I moved, does that mean that we are no longer married? I have been informed that there is no common law divorce in the state of Colorado. His probation records will show that his living address is the same as mine, so will employment records... Also, I found this at [url]http://www.colorado-family-law.com/colorado-common-law-marriage.htm:[/url]

    Factors for Determining Colorado Common Law Marriage
    Though living together (cohabitation) is required, no specific duration is necessary. This means that a couple which is clearly girlfriend/boyfriend could live together for 20 years without creating a common law marriage in Colorado. However, a relationship where the couple hold themselves out as married and intend actually to be married could be considered a marriage in a relatively short time. Here is a non-exclusive list of factors Colorado divorce courts look at when determining whether a common law marriage exists:

    1. Whether the couple refer to themselves as married to third parties,

    2. Filing joint federal or state tax returns,

    3. Listing the other party as a spouse on insurance forms or retirement plans,

    4. Joint finances, such as bank accounts, or owning property, and

    5. The woman taking the man's surname.

    No one factor is paramount, but typically claiming the other party as a "spouse" simply to gain a private economic advantage (health insurance, joint gym membership, etc), while potentially fraudulent, is not usually sufficient to establish a common law marriage in Colorado. A Colorado common law marriage is not simply living together or a casual relationship - it means the couple tells everyone they are married. Filing joint tax returns is widely regarded as the most important of these factors, since it means the couple is holding themselves out to the government, under penalty of perjury, as being married.

    Spouses in a Colorado common law marriage enjoy all of the benefits of being married, in Colorado, other states, or in the eyes of the federal government, including the military. However, to prevent fraud, some institutions require proof of the common law marriage, either by showing joint tax returns, or filling out an affidavit swearing that a couple is married. Here is a sample Affidavit of Common Law Marriage.
  9. #9
    allies.mom203 is offline Junior Member
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    Quote Originally Posted by Zigner View Post
    At the risk of repeating what was said earlier:

    Let's start here.

    How can you prove you are his legal wife?

    __________________
    Yes, I can prove that I am his legal wife.

    1. We refer to each other as husband and wife, in public, private, to friends, etc.
    2. We filed our Federal and State taxes on joint returns.
    3. I have listed him and he has listed me on insurance forms as spouse.
    4. While I have not leagally changed my name I use his surname when I introduce myself, when we joined a new church, business cards (self-employed), ect.
  10. #10
    Zigner is offline Senior Member
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    Well, we led her to the water...

    Look, you have to prove to the apartment mgr's satisfaction that YOU are his wife. You will need to ask THEM how to do that...(as mentioned previously).

    Furthermore, even if you ARE his wife, if someone else is living there with hubby, you have no right to wander in and start picking through the property in the apartment.
    Last...why does your "husband" have a separate apartment?
  11. #11
    VeronicaLodge is offline Senior Member
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    and why did he rent it with someone else?!
  12. #12
    Ohiogal is offline Senior Member
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    And was the person his wife or girlfriend?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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