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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Lived in penn with a man, years who asked me to marry

Customer Question

lived in penn with a man, for 12 years who asked me to marry him...have ring but he never married me, now he wants me out of the house.I purchased all the furniture, cleaned and took care and raised his children. what can I do to get help to move and some compensation? can i get palimony after all these years. we even brought a home together in Fla. do you need any more infomation to answer?
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am very sorry for your situation. Can you please tell me whether the home is in his name only?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 2 years ago.
home in Penn in his name Home in Florida in both
Expert:  Ely replied 2 years ago.

Thank you. So you are asking about both home - in PA and FL, right?

Customer: replied 2 years ago.
do not want to talk on phone want to know if i can get palimony in penn after 12 years of living together, sleeping together and traveling together, don't n
know what you are asking about homes? please explain
Expert:  Ely replied 2 years ago.

I got the information I needed; thanks. And I did not initiate the request - the website does this automatically. Please give me a second to type out my answer...

Expert:  Ely replied 2 years ago.

Simply living together does not give you any rights, per se. So if someone in your situation was to go to Court about this, the Judge would likely rule: (a) the home in PA belongs to him, (b) the home in FL would have to be partitioned and either sold and profits split, or, one of the parties bought out, and, (c) whatever items were purchased together would be split equally between the parties unless they were presents from one party to another. Simply living together is not enough to get any rights, including sweat equity in cleaning/picking out furniture.

Palimony exists only in CA for long term couples. This does not apply here.

However, PA recognizes common law marriages in PA that began prior to 2005. So what someone in your situation wants to do is to possibly claim a common law marriage and initiate divorce. To prove a common law marriage, one would have to show that the couple:

-lived together prior to 2005;
-acted like husband and wife and thought themselves as such; and
-presented themselves to others as such.

Commingling of assets really helps this.

If this happens, then anything acquired after the marriage is divided under marital law, meaning equitably but not necessarily 50/50. This includes income and pension. Also, the Court can order alimony, based on the following subjective factors:

(1) The relative earnings and earning capacities of the parties.

(2) The ages and the physical, mental and emotional conditions of the parties.

(3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.

(4) The expectancies and inheritances of the parties.

(5) The duration of the marriage.

(6) The contribution by one party to the education, training or increased earning power of the other party.

(7) The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.

(8) The standard of living of the parties established during the marriage.

(9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.

(10) The relative assets and liabilities of the parties.

(11) The property brought to the marriage by either party.

(12) The contribution of a spouse as homemaker.

(13) The relative needs of the parties.

(14) The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony, except that the court shall consider the abuse of one party by the other party. As used in this paragraph, "abuse" shall have the meaning given to it under section 6102 (relating to definitions).

(15) The Federal, State and local tax ramifications of the alimony award.

(16) Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs.

(17) Whether the party seeking alimony is incapable of self-support through appropriate employment.

Source HERE.

Ergo, by claiming common law marriage and initiating divorce based on this, one may be able to receive alimony and other divorce relief.

Good luck.

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