Comon Law Couple With A House (PLEASE HELP)

[ecmst12]

In order to have a common law marriage, you must hold yourselves out to be husband and wife (in addition to whatever other criteria the state may have). You already said he's your ex BOYFRIEND and you have not filed for divorce. Simply living together does not make you common law married. You are like any other unrelated pair of people owning property together.

Now, you said both names are on the mortgage. Are both names on the DEED? If so, then he can't refinance or take your name off the deed without your permission.

 

[Zigner]

In order to have a common law marriage, you must hold yourselves out to be husband and wife (in addition to whatever other criteria the state may have).

That's irrelevant - OH doesn't recognized "common-law" marriages unless they were entered in to prior to 1991.

 

[Ohiogal]

We have been living together for 3 years

You are SOOOOO NOT common law married.

 

[Just Blue]

I don't care about the law... I'm just looking for a suggestion

lol.Sweet. I suggest you take yourself off to an attorney to sort out your mess. Good luch with this.
Wow.

 

[latigo]

Well thats the term I'm using for right now. We live together, own a house and share the same bank account. To "Me" thats common law.

My concern is him screwing me over on this house.

He could get a mortage in his name for whats owing and not give me a dime.

This is my future so I'm not taking this as a joke. I really want to know the best way to deal with something like this and if hiring a lawyer is the best way to protect myself.

A woman can have a common law husband and a boyfriend, but she can't claim that her boyfriend is her common law husband.

And no, hiring a lawyer is not the best way to protect you. In your case it is the only way!

 

[LdiJ]

Get the house appraised. Determine from the appraisal how much equity you have. If 1/2 of the equity is less or equal to your 10k down payment, accept the 10k and run. If 1/2 of the equity is more than your 10k down payment, then insist on 1/2 of the equity. Don't allow your name to be taken off the deed unless its at the closing table of a refinance that pays out to you whatever amount you have determined is your fair share of the equity.

 

[BL]

I'd also suggest that you tranfer your funds to your own bank account and have your name taken off the joint account.( ASAP)

 

[CSO286]

Well thats the term I'm using for right now. We live together, own a house and share the same bank account. To "Me" thats common law. My concern is him screwing me over on this house.

What, what you think and what the law states are two very different things.

https://www.ohiobar.org/ForPublic/Resources/LawFactsPamphlets/Pages/LawFactsPamphlet-35.aspx

Is common law marriage recognized in Ohio?
Until October 1991, Ohio recognized the formation of common law marriages, and the courts required specific factors to establish a valid common law marriage. Since October 1991, parties who wish their marriage to be recognized by the state have been required to obtain a marriage certificate. While Ohio does not recognize common law marriages entered into after 1991, it does still recognize common law marriages that were validly entered into before that date, as well as those that arose in another state according to that state’s laws.

 

[Ohiogal]

Get the house appraised. Determine from the appraisal how much equity you have. If 1/2 of the equity is less or equal to your 10k down payment, accept the 10k and run. If 1/2 of the equity is more than your 10k down payment, then insist on 1/2 of the equity. Don't allow your name to be taken off the deed unless its at the closing table of a refinance that pays out to you whatever amount you have determined is your fair share of the equity.

And if that doesn't work, then she may end up filing a partition suit to have the house sold. If that is the case, she might not see ANY money after paying fees and costs for the suit but she would at least be removed from the mortgage.

 

[Ohiogal]

Well thats the term I'm using for right now. We live together, own a house and share the same bank account. To "Me" thats common law.

Except to the state of Ohio that is NO WHERE near common law.

My concern is him screwing me over on this house.

Do you have 10k to fight a partition lawsuit?

He could get a mortage in his name for whats owing and not give me a dime.

True. But that doesn't mean he would necessarily get you off the deed. Are you on the deed? you stated you were on the mortgage.

This is my future so I'm not taking this as a joke. I really want to know the best way to deal with something like this and if hiring a lawyer is the best way to protect myself.

If you do not know the laws (which you do not) then hiring an attorney is the ONLY way to make sure all of your rights are protected.