• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

common law in iowa

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

deere run

Junior Member
What is the name of your state?What is the name of your state? iowa i have been living with my s.o. for 24 years, 8 years in iowa where common law is recognized. he is now expected to live for a year maybe two with end stage cirrhosis of the liver. we have no children. he has not wrote a will and won't discuss it. we built the house we are now living together but his name is on the title. he worked 33 years at same company and i held a part time cleaning service, the rest of my time was managing all aspects of the house and such. 30 acres is alot of work. i am told that his 3 brothers can claim everything after his death including the house, kicking me to the curb! one brother has been over quite often in past 2 months. what should i do to protect myself from being throwen out of my own house. are his brothers entitled to anything that is on this property including house?
 


I AM ALWAYS LIABLE

Senior Member
deere run said:
What is the name of your state?What is the name of your state? iowa i have been living with my s.o. for 24 years, 8 years in iowa where common law is recognized. he is now expected to live for a year maybe two with end stage cirrhosis of the liver. we have no children. he has not wrote a will and won't discuss it. we built the house we are now living together but his name is on the title. he worked 33 years at same company and i held a part time cleaning service, the rest of my time was managing all aspects of the house and such. 30 acres is alot of work. i am told that his 3 brothers can claim everything after his death including the house, kicking me to the curb! one brother has been over quite often in past 2 months. what should i do to protect myself from being throwen out of my own house. are his brothers entitled to anything that is on this property including house?

My response:

The requirements for a common-law marriage in Iowa are: (1) intent and agreement to be married; (2) continuous cohabitation; and (3) public declarations that the parties are husband and wife.

Can you absolutely, without question, prove all three elements?

IAAL
 

deere run

Junior Member
iowa

yes i can provew all three, but his brothers may say differently if they are wanting to get everything. i have witnesses who are willing to provide proof of what they know about this relationship but money talks, i really cannot afford an attorney and his brothers can.
 
Last edited:

I AM ALWAYS LIABLE

Senior Member
deere run said:
yes i can provew all three, but his brothers may say differently if they are wanting to get everything. i have witnesses who are willing to provide proof of what they know about this relationship but money talks, i really cannot afford an attorney and his brothers can.

My response:

Well, now you're beginning to understand and appreciate what that "piece of paper" could have done for you. But, you and he didn't want to "walk down the aisle" and this is what you get.

It's highly apparent your boyfriend (and that's what he is) doesn't love you. If he did, he'd either marry you, or write a Will naming you as his beneficiary.

So, while you're toiling away, and taking care of him, he's willing to allow all that you know go to hell in a handbasket. So, yes, the vultures are circling and when your boyfriend dies, his brothers are going to swoop right in and throw your ass out.

Your last hope to prove a common law marriage is to start and complete a dissolution of your "relationship" and see if you can obtain an order of divorce BEFORE he dies. If you can, then you'll be entitled to an equitable share. If you don't at least try this, you're sure to be out on your buns.

You wouldn't happen to have your old refrigerator cardboard box left around, do you? You might need it for housing.

IAAL
 

deere run

Junior Member
nope, burned those boxes long time ago. what do you mean by dissolution of our relationship and getting a order of divorce? doesn't that common law thing do anything? why do they have it if it doesn't? and yes i am taking care of him instead of him going to a health center. he is unable to do alot for himself. his brothers are probably hoping that i don't leave him now because who will care for him then????? THEY WILL!!!!!!! and they can't with those $ signs in their eyes obstructing the view of the patient.
 

I AM ALWAYS LIABLE

Senior Member
deere run said:
nope, burned those boxes long time ago. what do you mean by dissolution of our relationship and getting a order of divorce? doesn't that common law thing do anything? why do they have it if it doesn't? and yes i am taking care of him instead of him going to a health center. he is unable to do alot for himself. his brothers are probably hoping that i don't leave him now because who will care for him then????? THEY WILL!!!!!!! and they can't with those $ signs in their eyes obstructing the view of the patient.

My response:

How are you going to prove all the elements of a common law marriage without him being alive? It's time to start a dissolution of your marriage.

Wait any longer, and you WILL be out on your butt.

IAAL
 

deere run

Junior Member
iowa again..

whew. you guys are tough cookies! actually right now he is not in sound mind to make a will out. his liver is shot and it is providing too much ammonia level to brain causing him to go into another world and not realizing it. it is vary common in liver patients. and i have friends, and i have papers, such as bills, and ordering forms from building materials statements, that have my first and his last name on them. and his dads obituary stated "survived by son and daughter-in-lsw" and i can possibly find some more stuff on the subject. so are you still gonna be tough on me now?
 

I AM ALWAYS LIABLE

Senior Member
deere run said:
whew. you guys are tough cookies! actually right now he is not in sound mind to make a will out. his liver is shot and it is providing too much ammonia level to brain causing him to go into another world and not realizing it. it is vary common in liver patients. and i have friends, and i have papers, such as bills, and ordering forms from building materials statements, that have my first and his last name on them. and his dads obituary stated "survived by son and daughter-in-lsw" and i can possibly find some more stuff on the subject. so are you still gonna be tough on me now?

My response:

Are you originally from Missouri? Seriously, you can't be as dumb as them, can you?

Once he dies, the rest of his family are going to swoop in on you. The time to divvy up the "marital estate" is now. If you wait, there won't be anything left for a court to divide. Remember, a divorce takes time, and time is not on your side.

The guy doesn't love you. Neither does his family.

IAAL
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top