Foley, AL asked in Divorce for Alabama

Q: I have been with a man for 12 years and lived with him for 10. We are common law married. Am I entitled to my share?

The last 4 years he has been very verbally abusive and committed adultery several times. By this time, I had very little self worth and felt stuck with him. The last year we built a house together, but he only put his name on everything we got. I finally decided to leave because I was starting to have panic attacks. Am I still entitled to my share or do I have to walk away with nothing?He is of course now trying to say we are not common law but I can prove where I helped with expenses and helped him with the success of his business.

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1 Lawyer Answer

A: You would have to prove several things to make a common law marriage work. First, everything you prove must have happened before January 1, 2017 -- the date common law marriage was abolished in Alabama. To establish a marriage before that you must have evidence that shows that: 1) he intended to be married to you, 2) you intended to be married to him, 3) each of you had those intentions at the same time, 4) you held yourselves out to the community as a married couple, 5) you lived together as a married couple. Helping with expenses by itself is just not enough. You must meet the requirements of a common law marriage. Filing a tax return as married will get you there, or insurance policies where he said you were his wife will get you there Be glad to help you.

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