Legal Question in Family Law in Minnesota
How does the law apply to people with no marriage license?
I have been with my spouse for 5 years now, we are married in the eyes of our community but do not have a marriage licence. We bought a house as husband and wife, have 2 children together. I understand we are not considered married by the state. My only concerns are the house and the children. How can I get my name off of the house? Can we ask a judge to intervene in the house issue only, not the children matter, in other words, not have a custody hearing?
1 Answer from Attorneys
Re: How does the law apply to people with no marriage license?
You have two very different issues.
The first issue relates to the child and may include child custody, parenting schedules, child support, health insurance for the child, uninsured medical expenses, and payment for child care expenses. These issues must be resolved in family court. they would be filed as part of a custody matter. the family court, however, would have no jurisdiction over the property issues since you are not married.
The issues with regard to the house is a separate issue that relates to contract law. To divide a house between two cohabitants who have no written agreement would require a partition action. THat partition actin would value each party's contribution to the asset to determine respective value for each and then require the property sold or the mortgage refinanced to ;pay out the other parties' interest. A court cannot require a mortgage company to simply remove a person's name from a loan.
For Minnesota answers visit htttp://www.divorceprofessionals.com
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