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Lori Fulbright

Do I need to get a divorce?

8 posts in this topic

I have been with a man for 15 yrs. We have filed taxes as married. Bought a house together. My name and his are on the deed. His name is the only one on the loan. But the loan is a rural development loan and my income was used for the loan determination. So my questions are do I need to get a divorce and can I remain in the house? He claims its his house only because the loan is in his name. I want to keep the house. But he want me to move. We do not have children.

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Are you legally married to this man? If yes, and you wish to no longer be married, you need to divorce. If you never actually married, divorce won't help you. If your name is on the deed, it is your house. You will need to sell it or buy one another out if one of you wishes to own it alone.

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Kansas recognizes common law divorces without formality.  It is likely you are married based on your tax returns and living together as man and wife for 15 years.  If that is the case, you do need to get a divorce.  Consult a local domestic relations attorney.

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15 hours ago, Lori Fulbright said:

Just Kansas

 

Kansas is one of the small minority of states that still allows for the formation of common law marriages within its borders.  Under Kansas law, a common law marriage is a marriage by agreement of the two persons without any formal ceremony or license.  A common law marriage will be recognized in Kansas if the couple considers themselves to be married and publicly holds themselves out to be married and if they are legally eligible to marry.  Your original post indicates that you held yourselves out as married -- indeed, you represented as much to the IRS, so to claim now that you aren't married could get you in hot water with the IRS.  Therefore, there is good reason to believe you are married.  Thus, if you want out of the relationship, you should seek a divorce.  If you do that, the court will divide your marital property in a manner that it determines to be equitable.  Your husband's notion that the house is his only because his is the only name on the loan is beyond silly.

 

 

1 hour ago, RetiredinVA said:

Kansas recognizes common law divorces without formality.

 

There's no such thing as a "common law divorce."  Whether a couple is married by formal ceremony and license or by common law, the divorce process is the same.

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On ‎1‎/‎8‎/‎2019 at 4:25 PM, Lori Fulbright said:

He claims its his house only because the loan is in his name.

 

Baloney.

 

Never take legal advice from your enemy.

 

On ‎1‎/‎8‎/‎2019 at 4:25 PM, Lori Fulbright said:

I have been with a man for 15 yrs. We have filed taxes as married. Bought a house together. My name and his are on the deed.

 

In Kansas the three requirements which must coexist to establish a common-law marriage are as follows: (1) A capacity to marry; (2) a present marriage agreement, and (3) a holding out of each other as husband and wife to the public. (Gillaspie v. Blair Construction Co., 192 Kan. 455, 388 P.2d 647; Schrader v. Schrader, 207 Kan. 349, 484 P.2d 1007.)

 

You haven't completely addressed the requirements for common law marriage but with both your names on the deed it may not matter with regard to the property.

 

You both own it and both have a right to occupy it, regardless of whose name is on the loan. You can buy him out or he can buy you out or you can sell the house and split whatever proceeds are left after the loan is paid off. If you can't manage to cooperate on the issue, either one of you can file a "partition action" (google it) and force the sale of the property.

 

Whether you are married or not, it would be in your best interest to consult an attorney regarding the property and your marital status.

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