Legal Question in Family Law in Kansas
left common law ? wife after 30 years
From KS, need to know if we are considered comm law or not, 31 years living together, never legally married. left 3 months ago. Having big problems with her cooperation in changing titles & deeds over to her. She has never used my surname, we do have some loans, and property, and vehicles with both names on the deed/titles ect. also have never filed tax returns together, always seperately. Having problems retreving personal property also. I am willing to pay off a joint loan, give her the house, and two vehicles. She wont sign papers for transfer of these assets. I really want to get this cleared up ASAP. I need to know, can she take, or sue for half my retirement? I have KS State emp. retirement benifits. Only about 10,000 built up. I am 57, she is 52, 3 adult kids. she has threatened to harm me. Wont let me go thru house to get papers and personal property. I dont know what to do. I am more than willing to work with her on these issues. Can you please give me any advise? Thank you very much.
1 Answer from Attorneys
Re: left common law ? wife after 30 years
Three things have to be present for you to be married under common law. 1) You must have the capacity to marry. (Be of legal age and not married to someone else, etc). 2) You must have the intention to be married. 3) You must hold yourselves out to others as being married.
If you are not married under common law, you need to file a lawsuit in the county in which you reside to request return of property and to determine your rights. Consult an experienced family law attorney.
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