need advice asp

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bejarano73

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I have been in a common law relationship with a man for almost 20yrs ... we have 4 kids together .... we are getting seperated and i was told by a co-worker that we had to get a divorce.... is this true .... and what kind of rights do i have ..... we bought a house in 2003.... the house is only in his name but the payment was paid through a joint account ..... do i have some legal right to the house.... he says no ..... but i dont know who to believe .... can you please help..... thanks Maria in Georgia
 
How do you Divorce someone you never married!? However you do have property and custody/support issues to iron out. You should seek an Attorney to protect your interests
 
sorry about the double post ...... thanks ....i thought that the divorce thing was wrong but i had to ask..... do you think that if i move out i will lose any rights?
 
I think you need to talk to an Attorney. You have children, shared property, joint bank accounts. This is not a simple matter. Many states have common Law guidelines so you need to find an Attorney to see what rights you have. You were married but it was (if state has common law guidelines) a "common law" marriage.
 
Actually, if you were truly common law married, then I believe that you will need to divorce. In any case, you do need an attorney, as Jacksgal said.

I would not move out until consulting with the attorney.
 
It appears GA does recognize common law marriage, since it was established before 1997. Sounds like you need to get a divorce.
 
does it matter if i lived in ca in 1997..... we moved to ga in 2003.... but had been living together in ca since 1989
 
It might matter. The code is not that specific:
19-3-1.1.
No common-law marriage shall be entered into in this state on or after January 1, 1997. Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and shall continue to be recognized in this state.
Since California doesn't recognize common law marriage, then it's very possible that yours would not be considered valid in Georgia. You really do need to check with an attorney.
 
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