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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35788
Experience:  Attorney with 16 years experience
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I was in a 12 year relationship that has recently dissolved.

Customer Question

I was in a 12 year relationship that has recently dissolved. we had bank accounts and everything jointly as it was a 12 years, but one of the cars is paid off while we are still making payments on the other. I have also suffered mental health issues that have put me in the hospital recently as well. All the monthly payments are coming out of what was considered our joint account. The issue is that my hospital stay was directly linked to his infidelity and my mental health stability is greatly weakened to the point where I do not feel I can preform basic job duties on a daily basis. While I was hospitalized due to extreme mental anguish the other party agreed to help me out financially. Both with our shared payments and medical expenses. But now he refusing to help me pay for my medical expenses and also he has recurring payments that he is refusing to cancel even though he is no longer contributing to the bank account that these payments are coming out of. Refusal to speak to me concerning this. Also I helped support him during times that he made less than 10,000 a year due to a health crisis. I am wondering if there is any legal action that can be pursued
Submitted: 10 months ago.
Category: Family Law
Expert:  Barrister replied 10 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 am sorry to hear that you are having these issues and your ex is not helping at all..

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Unfortunately, MN does not recognize common law marriage since abolishing it in 1941. That means that no longer how long you were together, you are legally just boy/girlfriend and neither of you has any obligation to support the other or pay the other's debts or bills.

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If you entered into a contract together, then that would still stand as you would both still be liable for that debt just like in any partnership. But his verbal promise to help pay for your medical expenses is a gratuitous promise unsupported by consideration.... So that means that the promise is not legally binding.

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As for the recurring payments, if you both entered into an agreement to split those costs, you can sue him under a breach of contract claim to have a judge order him to contribute his agreed on share of the debt until it is paid off.

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thanks

Barrister

Customer: replied 10 months ago.
The car is in both our names
Expert:  Barrister replied 10 months ago.

Ok, then you are both equal owners of the vehicles and you can file a "partition" lawsuit to have a judge order a sale of the cars so that you can receive half the proceeds from the sale if you can't negotiate something where each of you keeps one car and takes over any debt on it.

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thanks

Barrister