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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33798
Experience:  Attorney with 15 years experience
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Lived with a man years. He kicked me out of my home and said

Customer Question

Lived with a man for 22 years. He kicked me out of my home and said the car, pickup, house etc. we're his because he inherented money 15 years ago with which we bought our first home. Son is 20 and in college. I went through life threatening accident, heart attack and surgeries for twin molar pregnancies one ectopic. Medical issues caused nerve damage and brain damage. At my lowest moments he was not there and decided he deserved a wife that could hike and kayak. So he had an affair, kicked me out, married her and sold our house to buy a bigger and more expensive one. Now he is going back on promises about money. I'm in the process of getting disability. I only want what's fair. If we were married for 22 years I'd get alimony. I need advice desperately.
Submitted: 5 months ago.
Category: Family Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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I really hate to give someone this type of news, but common law marriage in South Dakota was banned in 1959. So legally you would just be considered boyfriend/girlfriend under that law and he wouldn't have any legal duty to pay you for the time you spent together.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 5 months ago.
I was told that I needed a civil lawyer to go after my right to my part of our accumulated property.
Customer: replied 5 months ago.
We lived in SD then moved to AZ. There has got to be a fair legal way for me to get my portion of of 22 years of life items and property.
Expert:  Barrister replied 5 months ago.

If you purchased items together and both paid for them, then you would have a legal right to half of whatever the asset was worth as a co-owner. But AZ doesn't recognize common law marriages either..

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So if you purchased things together and you both contributed towards the purchase, then you would have a legal right to pursue a division of those assets just like in a business partnership that went bad..

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But you would have to sue him under a breach of contract action for "partition" which is where the judge orders the sale of any assets that are co-owned.

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thanks

Barrister

Customer: replied 5 months ago.
It's hard for me to hold a phone. Nerve damage in my hands. It causes pain. Sorry. Can you tell me what lawyer to call or see about sueing him?
Expert:  Barrister replied 5 months ago.

No worries, I don't do phone calls anyway as they are automatically generated offers by JustAnswer.

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Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews. You would be looking for a family law or a divorce law attorney to assist.

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thanks

Barrister

Customer: replied 5 months ago.
I talked to a civil lawyer months ago and he said I needed a family layer, the family lawyer said I need a civil lawyer. I have memory problems and some cognitive issues. I'm better every month but it has been so exhausting trying to find a lawyer. I kept paying fees then told sorry you need someone else.
Expert:  Barrister replied 5 months ago.

Either one could pursue the case.. The reason you are being bumped around is that they don't think you have a very good case and they don't want to charge you for pursing the case and then losing... I am sorry but that is the truth.

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thanks

Barrister

Customer: replied 5 months ago.
I'm screwed because I was mentally impaired and unable to fight for my fair share until my health improved? I was ill and under medication side effects that caused short term memory loss and cognitive disfunction. I am no longer on it and improving weekly. Am I really unable to get help with this?
Expert:  Barrister replied 5 months ago.

I really hate to tell you this, but you will have an uphill battle that will require you to spend thousands on an attorney for just the chance at holding the ex liable for half of whatever you bought together if you can prove that you did buy things together as a couple and were joint owners..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience,even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 5 months ago.
Ok thanks. I appreciate your time.
Expert:  Barrister replied 5 months ago.

You are very welcome, even if the news wasn't very encouraging... At least you have a better idea of where you stand legally.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister