Q: Do I have at least 20-40 percent rights on the house if I divorce
Hi, I have been with my partner now for 17yrs but married for almost nine years. Living together for a total of 15 years. My husband surprised my children and I and bought us a house1 year before we wed. His name is the only name on the deed but I’ve bought all appliances and the entire home decor. I’ve also freed up money for him by paying for all the utilities since we moved in. He’s telling me I can not receive anything regarding the house and I can not take anything from The house besides my clothes. We have a 15 year old daughter also. Is there anything I can do I have not paid a mortgage for 16 years and if I have to move out rent has increased everywhere and so expensive. My daughter refuses to stay with him so getting a 1 bedroom is out of the question. Is there anything I can fight for. Like at least 20-40 percent of the house worth since we were basically common law married and living together for 7 years before wedding.
A:
If you can prove that you were married pursuant to common law at the time the home was purchased, the home is community property and subject to a just and right division upon divorce.
Otherwise, if the home was purchased by him before you were married, it is his separate property.
If you are unemployed and unable to work at a job that provides sufficient income to meet your reasonable minimum needs, including shelter, you may be entitled to spousal maintenance for up to three years.
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