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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10012
Experience:  Experienced Family Law Attorney
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I live in Oklahoma in a Common law marriage, We have been together

Customer Question

I live in Oklahoma in a Common law marriage, We have been together on and off now for over 8 years, here as well as Colorado. The time has come that I have had enough of him being a verbal mean drunk. Can or am I entitled to ask for financial support in a common law divorce, how do I get the my name off the loan for purchased 2014 auto, (my name is ***** ***** the loan papers), how do I get him out of the rental home we share, rental agreement is in my name only. Any advise would be appreciated, as I am lost in what is in my best interest. Thank you, Dorothy
Submitted: 2 years ago.
Category: Family Law
Expert:  LegalGems replied 2 years ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
A few more minutes please as I am looking into this for you.
Customer: replied 2 years ago.
Thank you
Expert:  LegalGems replied 2 years ago.
A common law spouse has all the same rights and obligations as a statutory spouse. This includes spousal support, which is based primarily on the parties' respective income, the ability to support oneself, and the length of the marriage.
During the divorce process, the court will divide the property acquired during the CL marriage.
They will determine what is "equitable" - this does not always mean a 50/50 split; it is whatever the court determines to be fair based on the particular circumstances. Alternatively, the parties can make a written agreement dividing their property and the court will typically incorporate that into the divorce decree.
As for debt, the court will also assign that equitably. Typically the party who keeps the property assumes the debt, and the other party must re-fi or hold the other spouse harmless if that's not possible.
As for removing a spouse from property, the court will typically determine who remains in the property. Generally if a party was in the residence prior to marriage, that party will retain the rental property and assume responsibility for the payments. If only one party's name is ***** ***** lease, the court will typically allow them to remain, because the court does not have jurisdiction over third parties (ie the landlord) and cannot compel the landlord to modify the lease.
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Thank you and take care!
Expert:  LegalGems replied 2 years ago.
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