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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22592
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I lived with my exhusband as husband and wife for nine years

Resolved Question:

I lived with my exhusband as husband and wife for five years within the year after our divorce in 2002. We have made many transactions as husband and wife.Does the lender's legal contract stating we are husband and wife in our refinance of our home hold as a intent to marry in court? We remarried in 2007 and are now divorcing. The 2002 divorce decree under Spousal Support states “The parties waive spousal support now and forever with full knowledge that once waived, spousal support cannot again be sought through the court. No court will have jurisdiction to order spousal support payable by Wife to Husband or Husband to Wife at any time, regardless of any circumstances that may arise. The termination date concerning spousal support is absolute. The parties have no right to request a modification of the amount of support or extension of support. No court shall have jurisdiction to extend or order any support regardless of the circumstances." Does the 2002 divorce decree have any effect on the new marriage in 2007 with the same person or is it a new contract making the 2002 divorce null and void? Do I have any rights for the years prior to our second marriage. I have contributed to a purchase of a home but was only put in my then exhusbands name since it was a home out of state he went to make the purchase while I stayed home with our then 2 children. We now have 3 children together. Does my paper trail of my contributions to our household prior to our second marriage count as proof of preparing for our rest of our lives together? I also cancelled a promissory note from my exhusband for $10,000.00 dollars from our first settlement because we got back together within the year of our first divorce as husband, wife and family. Does that promissory note act as proof of intent to marry or am I without rights in this situation? He is now stating that we were just roomates in those 5 years, producing another child, prior to our marriage in 2007.
Submitted: 3 years ago.
Category: Legal
Expert:  Barrister replied 3 years ago.

Hello,

.

When you divorced in 2002, you would then be considered legally single and if you then chose to live with your ex, it would only be as legal roommates or in some sort of dating relationship. It does not convey the rights that come along with marriage.

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The lender's contract is simply a mistake in stating your marital status and would have no legal consequences.

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Additionally CA does not recognize common law marriage. So even if you were still acting as man and wife, it wouldn't legally matter unless you were actually legally married.

 

When you remarried in 2007, it would have wiped out the conditions of the 2002 divorce and if you should divorce, it would be under whatever new settlement agreement that you both agreed to or a court imposed.

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So the long and short of it is that after 2002 until you remarried in 2007, you would have had no marital rights and anything you did would have been as friends/roommates. Either you are legally married or you aren't.

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thanks

Barrister

 

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There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

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If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Customer: replied 3 years ago.

Does the fact that I contributed payments to the home we purchased in his name only before our second marriage give me any rights to the home?

 

Expert:  Barrister replied 3 years ago.

Well if you purchased it together while you were not married but as partners, you would still be considered an equitable owner of at least some portion of it regardless of whose name it is actually in. Unless you were gifting any payments to him, a court would consider them as some sort of contribution to its equity. You would have to total up any payments or other contributions towards it (taxes, insurance, etc.) and could claim those as your equity in the house.

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thanks

Barrister

 

.

.

There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

 

Customer: replied 3 years ago.

Ok, I may have more questions later on...thank you!

Expert:  Barrister replied 3 years ago.

You are very welcome.

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The best to you and yours.

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thanks

Barrister

 

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Hello,

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Were these loans or were the money given as a gift?

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Do you have any paperwork showing the money going to him?

 

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thanks

Barrister

 

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If I have answered your question, PLEASE CLICK THE GREEN "ACCEPT" button NOW, so that I receive credit for my work. Bonuses are optional and greatly appreciated. Please keep in mind that I don't make the laws, I am just reporting/interpreting them, so the outcome may not be what you had hoped for.

.

There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.




Customer: replied 3 years ago.

We had a joint bank account as husband and wife were our money was deposited to...also, i had a seperate account that I would make bill payments out of and I would also make house payments to the house we lived in and the rental property before our marriage in form of cashier check and checks in my name only. The rental property we bought was in his name only.

 

Expert:  Barrister replied 3 years ago.

Sorry about that, a portion of my response to another customer got pasted into my response to you.

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But if you can track all your payments, then you would have an equity interest in both the house and the rental since you contributed towards the payments for them. If he claims the money was a gift, a court would likely not buy that because you were holding yourselves out as husband and wife, regardless of your actual legal status, and it wouldn't be logical for you to make payments on property you didn't have any interest in.

.

.

thanks

Barrister

 

.

.

There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

Customer: replied 3 years ago.

ok, thank you...I'm sure I will have more questions later, again thanks!

Expert:  Barrister replied 3 years ago.

You are welcome.

.

thanks

Barrister

Barrister, Attorney
Category: Legal
Satisfied Customers: 22592
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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