Separation-both own home-rights?

[Marca300]

What is the name of your state (only U.S. law)? OH
I have been in a 2.5 yr 'common law' relationship. Separation is imminent. We have been living together with his 2 children from prior marriage in home we purchased with money (down payment of 10%) from my 401K two years ago this coming October. He paid mortgage from Dec 07 through Jan 09. (With maybe 2 exceptions, he's refused to pay some or all of the mortgage from Feb 09 to present.) All along I have been paying some utility bills, all home repairs, most car repairs, car insurance, cell phone, and other misc bills plus my monthly credit card payments and our timeshare mortgage and fees. Savings now gone. Living off what is left of 401K. He has full-time job. I've been unable to find job in my field for 1.5 yrs. Have PT in retail. I am in debt up to my eyeballs due to maxed out credit cards that originally had high credit limits. If one of us leaves, who has rights to house? Can I sue to get my credit cards paid? There were no balances prior to start of relationship.

 

[Ohiogal]

What is the name of your state (only U.S. law)? OH
I have been in a 2.5 yr 'common law' relationship.

No you haven't. What you have been doing is living with your lover, having sex and sharing expenses maybe.

Separation is imminent. We have been living together with his 2 children from prior marriage in home we purchased with money (down payment of 10%) from my 401K two years ago this coming October.

Who is on the deed and who is on the mortgage?

He paid mortgage from Dec 07 through Jan 09. (With maybe 2 exceptions, he's refused to pay some or all of the mortgage from Feb 09 to present.) All along I have been paying some utility bills, all home repairs, most car repairs, car insurance, cell phone, and other misc bills plus my monthly credit card payments and our timeshare mortgage and fees. Savings now gone. Living off what is left of 401K.

Okay so you cashed your 401k?

He has full-time job. I've been unable to find job in my field for 1.5 yrs. Have PT in retail.

Okay.

I am in debt up to my eyeballs due to maxed out credit cards that originally had high credit limits. If one of us leaves, who has rights to house?

Whoever is on title to the house has rights to the house. Whoever is on the mortgage has the obligation to pay the house.

Can I sue to get my credit cards paid?

You could but your credit cards are YOURS. Did you have a contract in which he would pay you for whatever was on the credit cards? Did he agree to make the payments on your credit cards? Can you prove that he agreed.

There were no balances prior to start of relationship.

Then you shouldn't have lived above your means.

 

[Marca300]

Thanks you answered my questions. Pretty much what I thought but in answer to yours... We have been engaged the entire time. Both our names are on the deed. No, we never discussed him paying anything on my cards. He was unemployed when we met and so I paid most of the bills for the first 6-months. My 401K is nearly liquidated at this point. We may have lived above our means, but we never thought I would not find work in a new state within 6-8 months. Then the financial collapse happened.

 

[Ohiogal]

Thanks you answered my questions. Pretty much what I thought but in answer to yours... We have been engaged the entire time.

Then legally you are nothing.

Both our names are on the deed.

Then you are both owners of the house and neither of you are going to be able to evict the other. If you agree to sell the house or one of you agree to buy out the other and refinance the mortgage, then you can do that. If there is no agreement then you need to file a partition suit to determine what to do with the property.

No, we never discussed him paying anything on my cards.

Then he owes nothing and it is that strictly your debt.

He was unemployed when we met and so I paid most of the bills for the first 6-months. My 401K is nearly liquidated at this point. We may have lived above our means, but we never thought I would not find work in a new state within 6-8 months. Then the financial collapse happened.

Well, you each get your own debt. You each get your own property. For the house if you dont' agree then you need to go to court for a partition suit.

Common law marriages have not existed in Ohio for many many years. And if you were engaged, you wouldn't be considered common law even if you got together at the time common law was recognized.