Legal Question in Family Law in Minnesota

My fiance broke up with me. We had agreed I would be a stay at home mom and was for 3 years. We moved twice in one year across country for his career. We bought a house together in my name because he could not qualify. We have about 15000 in joint credit card debt-in my name. So he dumped me jobless, 1500 miles from home with a mountain of debt. We have one child together. I live in Minnesota. Do I have any rights other than custody and child support? I know I have full legal and physical custody until he proves paternity. Of course he thinks I'm wrong, and regardless I would not keep him from my daughter for her sake. But it doesn't seem right that I have to get screwed simply because we were not married.


Asked on 11/11/11, 8:23 am

1 Answer from Attorneys

Jill Poppe MacKenzie Jill A Poppe MacKenzie, P.A.

First, if you have not already done so, please use the online forms and instructions to apply for child support at the MN Online Self-Help Center

http://www.mncourts.gov/selfhelp

Second, continue to support regular and meaningful contact between father and daughter.

Third, contact the credit card companies with whom you hold joint credit cards and ask that the accounts be blocked for new charges. You do have a right to seek contribution from him for the joint credit cards. If his 1/2 is $7500 or less you can use Conciliation Court to secure a judgment against him.

Fourth, since you purchased the home in your name, I assume that he is not on either the title or the mortgage. Thus he has no legal obligation to pay anything on the homestead. If you had a tenant-landlord rental agreement that he breached you would be able to pursue collection under that contract - but I assume that you did not.

In answer to your question - are you screwed simply because you were not married? Marriage does afford certain protections that are not possible with a co-habitation relationship.

Finally - I encourage you to look to the future. This guy screwed you, yes, but he is still the father of your child and you have a very long future with him. Figure out how you move forward so your life can be "better" not "bitter." Your daughter deserves both parents in her life and she also deserves for her parents to figure out how to be the adults and work together to raise her without a lot of conflict.

Good Luck.

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Answered on 11/11/11, 11:10 am


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