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Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 1718
Experience:  Practicing Attorney with 10 years experience
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I have been with my fiance years on July 20. We move in 2

Customer Question

Hi I have been with my fiance for 13 years on July 20. We move in 2 weeks after meeting/dating and have lived togther for just about the whole almost 13 years. We had a month split when I was 19 (I'm 30 now) and we have 2 children ages 2 and 9. We had another brief split in 2011 where he got me an apartment however our daughter moved with me and he also stayed with me all day everyday and night had a key ect this was very short lived and we all moved back into our house. I have been a homemaker sneak stay at home mom since 2005 and he is the financial support. I have nothing no bank account or even 10 cents to my name. He keeps threatening to kick me out and is being a bit mentally abusive telling me constantly he hates me. I am completely stuck no friends no money no where to go and I can not work due to several health problems. My Dr's said a year ago I am permanently disabled lupus is my biggest health problem so I cant work. What can I do? We had an oral agreement that he would help me back in 2011 but now he's trying to say he never said that and that he doesn't care if I live in the gutter. I have to have some right don't I? Some type of support since I'm 100% dependent on him. I do have a letter for something with my Drs he signed stating that he is fully financially responsible for me. I live in ca. I feel so stuck and we have 50 custody of our daughter with the court but nothing filed with our 2 year old. When he did work he also claimed me as a dependent but he gets a monthly annuity so he doesn't file taxes anymore. He also just bought a house outright in may 2014 which we live in together and have the whole time. Please help what can I do?
Submitted: 10 months ago.
Category: Family Law
Expert:  Asad Rahman replied 10 months ago.

I am so sorry for your troubles. California law does recognize palimony or as they are called in California "Marvin" claims. In a Palimony or Marvin Claim, a non-marital partner’s right to monetary support or property is dependent upon an expressed or implied contract, or some other fair and legal basis for the claim. In your case, you left your previous arrangement to come live with this gentlemen thinking he would take care of you so an implied agreement was created. You even had an oral agreement that he would support you. Furthermore, you would be entitled to child support if you are awarded custody. You should strongly consider engaging a family law attorney locally who can push this issue for you.

Expert:  Asad Rahman replied 10 months ago.

There is also a state agency that can at least help pursue child support should you choose to leave this individual. http://www.childsup.ca.gov/

Your options are not limited, you just need to be prepared to fight for your rights.

Customer: replied 10 months ago.
What about the cohabitation law?
Expert:  Asad Rahman replied 10 months ago.

That is what I'm talking about. Because you cohabitated you are entitled to support or palimony as either a lump sum or monthly payments.

Expert:  Asad Rahman replied 10 months ago.

If you need a referral to a family law attorney, contact your local or state bar association and ask for a referral to a top family law attorney. They keep updated lists of attorneys in each practice area for referrals. You will likely be able to get him to pay your attorney costs as well because you do not have a means for support since you chose to stay at home and care for the kids.

Customer: replied 10 months ago.
Thank you so so so incredibly much for your help i can't put into words how much I appreciate it
Expert:  Asad Rahman replied 10 months ago.

I know these are tough things to deal with. I hope it all works out for you. If you could accept and rate the answer, then I can close it out.

Expert:  Asad Rahman replied 10 months ago.

Also, we do not get credit for answering until you accept the answer. Again, good luck to you.