Legal Question in Family Law in Pennsylvania
common law
I and my husband been together for 13yrs. we bought a house together 7yrs. ago we have a child together but my house is not in my name but he abounded his home at the end of June and I been paying the morgage since then and he keeps telling me he is going to sell the house from under me if I take him to child support so finally I did when the court ordered me to when I have gotten a PFA on him for him to keep threating me and harressing me for my life know he says that he is going to have me evicted from the property because everything I did to him is it possible that he can do all that stuff to me please give me some kind of piece.
1 Answer from Attorneys
Re: common law
If you can prove you had a common law marriage then the house being bought by a married man entitles his wife to the entireties privilege.
The entireties privilege prevents one spouse from sell or mortgaging the property without the consent of the other spouse.
Living together as man and wife is but one element of common law marriage. The other is was it known in the community you consider yourself married. Did you tell others, have joint bank accounts and the like.
While common law marriage is no longer allowed in Pennsylvania such marriages entered into before 2004 may be valid. It depends on the facts you can prove.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
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