Legal Question in Family Law in Pennsylvania

Common Law & House Bought

I thought I was common-law married until I came across publications that say common law has been abolished and is difficult to prove. I have an issue /property I bought w/my ex with the impression we were common law married, and I need to know what my rights are and what course of action I should take, if any.

I was w/my ex who I was with from 1995 - 2004 and off and on until 2007. We have 3 children, born in 95, 97, 2003, and rented an apt from 95-97 then we bought a house in 98, which he moved out of in 2002 when I had a restraining order on him and he was found to be cheating on me. We tried to make things work, hence or 2003 daughter, but in 2004 I had to take him to court for support, and I paid the mortgage for the house myself between the end of 2003 - 2007. In 2007 I bought another house on my own and moved out and stopped paying the mortgage for the other house as of Oct 2007.

What rights, if any, do I have to the house we bought in 1998? I am not on the deed because my credit was not good and we would've lost the opportunity if we had to wait for me to be a part of the application, but we both put $ down and paid the mortgage until 2003 from our joint account and then from the end of 2003- 10/07 from my sole accoun


Asked on 12/11/08, 10:43 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Common Law & House Bought

You asked about common law marriage.

The state of PA does recognize common law marriages that were established before the state created self uniting marriages. Your relationship may qualify as a common law marriage and it is not so difficult to prove.

You need to follow up with an attorney immediately to preserve your rights. Getting a divorce and property distribution from a common law marriage is very technical and can rarely be done without an attorney's assistance.

Regards,

Roger

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Answered on 12/11/08, 12:03 pm


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