Wake Forest, NC asked in Divorce and Family Law for North Carolina

Q: Can I ask for maintenance support to pay bills?

I lived with my ex-boyfriend more than 10 yrs, we now have 3 adult and 1 minor children. The minor and 2 adult children live with him and the 1 other adult child with me? Both our names are on the mortgage but I kicked him out of our house and refuse to let him come back due to having a child by someone else. I've struggled to pay the mortgage alone because I didn't have to work when we lived together, and the past 4 years Ive worked little jobs that don't pay much. Im behind on the mortgage & might house my be foreclosed on. Can I take him to court since his name is on the mortgage to pay what I'm behind on and make him to start paying the mortgage bill until the house is paid off?? Do I have the right to ask for help from him since we lived together so long and he was paying all the bills during that time??

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Amanda Bowden Johnson
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Answered

A: You can ask him for what ever you want but since it appears you were never married and because NC does not have common law marriage, unless you have some enforceable agreement with him, he has zero legal obligation to assist you financially or otherwise. In fact, you likely should be paying him child support. Of course, if he is on the mortgage a foreclosure will hurt his credit as badly as yours, so you may want to ask if he would consider buying you out instead of bailing you out or you could see if he be agreeable to signing off on selling the house. Best of luck.

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