Legal Question in Family Law in Montana
Legal Rights
I have lived with the same man for over 7 years. Together we have raised both sets of our children, worked side by side on our home, etc. He is well off and has put me in his will to pull the plug if anything happens to him, watch over the kids etc. Basically a wife but no marriage title. He was abusive several years ago and has a drinking problem. I asked him to go to counseling or I would report the abuse to the law. He did. Now slipping back into the drinking etc again.If I leave now do I have the right expect him to help me set a new home and to help establish support until I get on my feet?Not sure I want to go through this the rest of my life as I am 50.
1 Answer from Attorneys
Re: Legal Rights
The rights and protections provided under the law to married persons apply to persons married at common law as well as persons whose marriages are registered with the state (e.g., you filed your marriage license).
From your post, it appears that you and your partner probably do not have a common law marriage. You do not say that you and he intended to live as a married couple, or consider yourselves to be a married couple, or hold yourselves out to the public as a married couple. The issue of whether you have a common law marriage is the first thing you need to establish before a lawyer can answer your question. I recommend you consult with an attorney to talk about this question.
If you do not have a marriage, you might be able to establish grounds for financial compensation for the contributions to the appreciated value of the home (assuming it was his home to begin with) but, again, you should consult with an attorney about the facts of your case.
If you did not have a written agreement to address the questions you raised, your partner probably does not have a legal obligation to help me set a new home or pay 'spousal support' to help you get on your feet.
Not good news, I know, but that is the reason I encourage you to consult with an attorney to talk about the specific facts and your concerns.