If I’m common law married and the title to our mobile home is in both of our names, can my husband make me leave?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m common law married and the title to our mobile home is in both of our names, can my husband make me leave?
I have been with my common law husband for 5 1/2 years. We meet all AL’s common law married criteria. He voluntarily left our home a little over a month ago to be with another woman. I’m disabled and he is now trying to say we are not common law married and trying to force me out of our home. I have no where to go; I’m disabled and have severe medical problems. He doesn’t care. What can I do? Both our names are on the title to our mobile home.
Asked on July 26, 2011 Alabama
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your situation. He can not have it both ways and if he held himself but to be married and you meet all the criteria as you say for the state of Alabaman then you have the same rights as he does to the property and to live there. In fact, if the courts some how found that you were not married under common law in Alabama you as joint tenants without rights of survivorship would still have equal rights to the property and to occupy the property. But if I were you I would take the stand that you are married, you want to occupy the home exclusively until such time as you can get out on your own or that you can not do that and you want spousal maintenace. Please go and seek help with all of this. You need to figure out a strategy. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.