Legal Question in Family Law in Illinois
commom law marriage
how can you legally evict a person that is established in the home, even though the relationship is over? she has been asked to leave by may '08, but has lived in the home for 2yrs. the couple has been together for 10yrs.the house is in his name only.i'm confused, so please clear this up for me: can a common law marriage be enforced in any way? if so, what way?
2 Answers from Attorneys
Re: commom law marriage
Assuming the basis for a "common law" marriage occurred in IL that's a non-issue. There is NO common law marriage in IL. A common law issue could be enforced if it was created in a state where common law marriages ARE allowed. Whomever owns the home controls...he/she can just lock the other person out. The non-owner has no rights to the real estate.
Re: commom law marriage
NO. Not in IL. I think I have answered this before. If you want someone out of the home, you EVICT them. Why does this seem hard? Go to court, fill out the forms provided for you by the clerk, appear on the right day and get the person removed.
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