Tampa, FL asked in Real Estate Law for Alabama

Q: I have been with my common law husband for 16 years we are splitting up we bought our home together but only put it in

His name can he evict me

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1 Lawyer Answer
Mr. James Parrish Coleman III
Mr. James Parrish Coleman III
  • Robertsdale, AL

A: Unless there is a lease with you as the tenant/lessee and him as the landlord, then an action to evict will not lie in court, and he would therefore be unsuccessful in trying to evict you. A more appropriate action would be an action to eject you from the property. Important here is whether the two of you are actually common law husband and wife. Has there been any finding in court that the two of your are common law married? If y'all are married, then you likely have rights to the property because it would be subject to equitable division by the court in a divorce action.

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