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Same sex relationship term bad break!

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lnk.06092

New member
Nevada I have been with my fiance 4 years she out of left field is leaving me when we met I had a job she then didn't want me to work I had my own place she wanted me to move in with here she helped raise my 2 kids 4 and 7 she is all they know she is kicking me out with not a dollar no were to go no vehicle basically what I can take on my back thanks to some friend kids are safe in a home loved and cared for at the moment I'm emotionally destroyed I live in an extremely small town 85 people she has made it to were I have no way of getting a job or a place to go she didn't want me talking to anyone so I have not 1 friend I pushed my family away and now I have literally nothing while she just bought a new house a truck and has more money than ever in the bank we file are taxes and do everything like we were married now I'm just left on my own she even took all the animals do I have a Wright to do anything now I feel as worthless as she said I was constantly even tho I did all the house work laundry even did her hair everymorning dinner every night all are bills and paperwork everything but work cause I was not allowed to Now she with more money than we've ever had playing house with a new older woman I'm locked out of absolutely everything all of our accounts emails.
Everything it's like I don't exist or my kids
 


Zigner

Senior Member, Non-Attorney
Nevada
I have been with my fiance for 4 years. She, out of left field, is leaving me. When we met, I had a job. She then didn't want me to work. I had my own place. She wanted me to move in with her. She helped raise my 2 kids, 4 and 7. She is all they know. She is kicking me out with not a dollar, nowhere to go, no vehicle. Basically, what I can take on my back. Thanks to some friend, kids are safe in a home, loved and cared for at the moment. I'm emotionally destroyed. I live in an extremely small town (85 people). She has made it to where I have no way of getting a job or a place to go. She didn't want me talking to anyone, so I have not 1 friend. I pushed my family away, and now I have literally nothing while she just bought a new house, a truck and has more money than ever in the bank. We file our taxes and do everything like we were married. Now I'm just left on my own. She even took all the animals. Do I have a right to do anything now? I feel as worthless as she said I was constantly, even though I did all the housework, laundry, and even did her hair every morning and dinner every night, all our bills and paperwork, everything but work cause I was not allowed to. Now she has more money than we've ever had and is playing house with a new older woman. I'm locked out of absolutely everything. All of our accounts/emails.
Everything it's like I don't exist or my kids.



I cleaned this up so it's readable.

Your state (Nevada) does not recognize common-law marriages. I would suggest that you find employment ASAP and move forward from there.
 

stealth2

Under the Radar Member
Nevada
I have been with my fiance for 4 years. She, out of left field, is leaving me. When we met, I had a job. She then didn't want me to work. I had my own place. She wanted me to move in with her. She helped raise my 2 kids, 4 and 7. She is all they know. She is kicking me out with not a dollar, nowhere to go, no vehicle. Basically, what I can take on my back. Thanks to some friend, kids are safe in a home, loved and cared for at the moment. I'm emotionally destroyed. I live in an extremely small town (85 people). She has made it to where I have no way of getting a job or a place to go. She didn't want me talking to anyone, so I have not 1 friend. I pushed my family away, and now I have literally nothing while she just bought a new house, a truck and has more money than ever in the bank. We file our taxes and do everything like we were married. Now I'm just left on my own. She even took all the animals. Do I have a right to do anything now? I feel as worthless as she said I was constantly, even though I did all the housework, laundry, and even did her hair every morning and dinner every night, all our bills and paperwork, everything but work cause I was not allowed to. Now she has more money than we've ever had and is playing house with a new older woman. I'm locked out of absolutely everything. All of our accounts/emails.
Everything it's like I don't exist or my kids.



I cleaned this up so it's readable.

Your state (Nevada) does not recognize common-law marriages. I would suggest that you find employment ASAP and move forward from there.
I'll also add - try contacting your family. Maybe their arms will be open. (My ex isolated me from family & friends - they were there for me when I needed them. My daughter had the same experience.)
 

Taxing Matters

Overtaxed Member
we file are taxes and do everything like we were married now
Nevada does not recognize common law marriages and even if it did, your post tells me you'd not meet the requirements for a common law marriage. As the two of you are not married, one thing you may want to do is amend the last three years of income tax returns to file as single rather than as married filing jointly. Your post suggests you had no income during those years so you might get a refund back from amending the returns. Even if you don't get a refund, if the IRS approves the change to single filing status (which it should do since you were not, in fact, married) it will result in your ex having to pay more in tax when the IRS adjusts her return to single and removes your kids as dependents on the return. She shouldn't profit from her relationship with you and then kick you out like an unwanted pest. So you can at least take away some of that undeserved benefit from her.
 

LdiJ

Senior Member
Nevada does not recognize common law marriages and even if it did, your post tells me you'd not meet the requirements for a common law marriage. As the two of you are not married, one thing you may want to do is amend the last three years of income tax returns to file as single rather than as married filing jointly. Your post suggests you had no income during those years so you might get a refund back from amending the returns. Even if you don't get a refund, if the IRS approves the change to single filing status (which it should do since you were not, in fact, married) it will result in your ex having to pay more in tax when the IRS adjusts her return to single and removes your kids as dependents on the return. She shouldn't profit from her relationship with you and then kick you out like an unwanted pest. So you can at least take away some of that undeserved benefit from her.
I totally agree!!
 

adjusterjack

Senior Member
I'm locked out of absolutely everything all of our accounts emails.
Everything it's like I don't exist or my kids
From a legal standpoint, you don't exist. And it's unfortunate because same sex marriage has been legal since 2015. Had you been married you would have the same rights and entitlement as any heterosexual married person getting a divorce.

In the absence of marriage you were just roommates.
 

Taxing Matters

Overtaxed Member
I'd put it a bit differently than Jack did. What I see is that no legally recognized relationship ever existed. As Jack said, the law would see you and your ex as just roommates. You still have rights under the law, but unfortunately it appears likely that you have no claim to any property that is solely titled to your ex and no claim to any support from the ex. While the term palimony exists, it is not (yet) a term of law, but rather one invented by a famous California divorce attorney back in the 1970s. Palimony refers to a property division & support order between persons who were not married at the time the relationship ended.

Only a few other states besides CA have even had a palimony appellate case to have any law on it, and most of those that do typically only grant the support if there was an existing agreement between the two people for that support if the relationship ended. Nevada appears to fall into that category. If there is no agreement between the two it is very unlikely that a court would grant any division of property or order support payments. In my state, which is one of the few that recognize palimony, the agreement is an essential element to the claim. But my state is not Nevada and I only took a brief look at Nevada law on this. While it appears similiar to the rules in my state, there might be some difference in Nevada that would make it worth pursuing. But if I were you I would not get my hopes up much before talking to a Nevada divorce/family law attorney. The absence of an agreement appears to at least be a significant obstacle for you to clear.
 

zddoodah

Active Member
Punctuation is your friend.

I see now that "Zigner" added punctuation to make your post readable.

There isn't much to say other than this: You made bad decisions (quitting your job, getting rid of your own place, cutting out your family and friends, etc., etc.) and are now reaping the entirely predictable consequences. You knew (or should have known) that the relationship could end at a moment's notice, but you (apparently) did nothing to protect your interests. Other than the suggestion about amending your tax returns, the law isn't going to bail you out of your bad decisions.
 
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Litigator22

Active Member
[
Nevada I have been with my fiance 4 years she out of left field is leaving me when we met I had a job she then didn't want me to work I had my own place she wanted me to move in with here she helped raise my 2 kids 4 and 7 she is all they know she is kicking me out with not a dollar no were to go no vehicle basically what I can take on my back thanks to some friend kids are safe in a home loved and cared for at the moment I'm emotionally destroyed I live in an extremely small town 85 people she has made it to were I have no way of getting a job or a place to go she didn't want me talking to anyone so I have not 1 friend I pushed my family away and now I have literally nothing while she just bought a new house a truck and has more money than ever in the bank we file are taxes and do everything like we were married now I'm just left on my own she even took all the animals do I have a Wright to do anything now I feel as worthless as she said I was constantly even tho I did all the house work laundry even did her hair everymorning dinner every night all are bills and paperwork everything but work cause I was not allowed to Now she with more money than we've ever had playing house with a new older woman I'm locked out of absolutely everything all of our accounts emails.
Everything it's like I don't exist or my kids
Please pay heed to what I am about to explain. It may be of some value to you.

As others have correctly stated, the current state of applicable law is such that you have no legal claims against this other person that have accrued solely due to the nature and duration of the relationship itself. In other words, no common law or consensual marriage and no palimony.

However, there is a fairly good likelihood of you having a legal cause of action (claim) grounded on contract. *

What prompts me to mention it is learning of what you gave up (home, job, etc.,) in exchange for the accommodations, material and financial assistance the other party agreed to provide and in fact did provide for your benefit for a period of four years.

And how supplying such financial assistance and living accommodations for you and your children in exchange for your services as mentioned resulted in effecting a material change in your financial position that would not have otherwise occurred. And one that you cannot readily replicate.

If you are interested in exploring the possibilities, say so.

[*] Understand that by "contract" I don't mean something necessarily in black and white. There are other means of creating binding agreements.
 

Taxing Matters

Overtaxed Member
[*] Understand that by "contract" I don't mean something necessarily in black and white. There are other means of creating binding agreements.
I see what you are going for here, but I think that'll be a hard case to win on the facts we have so far, particuarly in a state like Nevada. If the OP is interested in that, by all means she should consult a Nevada attorney about just how viable that kind of claim would be. She just ought not get hopes real high before going into that consultation.
 
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zddoodah

Active Member
However, there is a fairly good likelihood of you having a legal cause of action (claim) grounded on contract.
I would substitute "an extremely remote possibility" for the highlighted words. Also, pursuing such a claim would be quite expensive, and the chances of a lawyer taking this case on contingency are more remote than the likelihood of succeeding.


the other party agreed to provide and in fact did provide for your benefit for a period of four years.
Nothing in the OP supports the conclusion that any agreement that may have existed wasn't terminable at will.
 

Litigator22

Active Member
I would substitute "an extremely remote possibility" for the highlighted words. Also, pursuing such a claim would be quite expensive, and the chances of a lawyer taking this case on contingency are more remote than the likelihood of succeeding.

Nothing in the OP supports the conclusion that any agreement that may have existed wasn't terminable at will.
I can't disagree as to the practical difficulties. Nevertheless, the suitability of contractual and/or equitable remedies in the nature of economic relief, as may be afforded the OP, is not dependent upon the willingness of an attorney to pursue them!

Plus, they can only be weighed in light of the factual setting from which they are alleged to have arisen. And none here are privy to those factual settings. Not in the more precise sense.

Lastly your observation that nothing said of the "arrangement" refutes that it could be terminable at the will of either party appears to beg the question. As only then could the issue of future entitlement emerge.

Always appreciative of your thoughtful, professional input.
 

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