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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ive been with my common law husband years we got together in

Customer Question

Ive been with my common law husband for 8 years we got together in 2005 in california and moved to sc in 2006 we bought a house in 2008 with the help of his dads name... yes only his dad and him are on the deed .. anyways we split up in 2013 i moved out and a year later got back together at first i didnt move my kids back in until about july of this year since things have gotten real bad hes very in secure and accuses of me being with other men verbally abusive to say the least he went to jail a couple of weeks ago for criminal domestic violence 2 degree and is looking at jail time.. he had pointed a gun at me and it wasnt the first time i put a order of protection on him when he was in jail but had it taken off because he tokd me they were going to give him a 100 years because of his record so I went down and lied.. I know that was stupid... in the mean time his dad came out from california and there bullying me making me leave threating with a 10 day eviction as i speak there on tgere way to get one... what can i do....
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only 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.

I am sorry to hear about this situation.

Would your common law spouse be willing to sign an affidavit/show up in eviction court stating that he is not against you living there? Or, he would likely be unable/unwilling to do so?

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 1 year ago.
He is the one wanting to throw me out along with his father
Expert:  Ely replied 1 year ago.

Thank you.

On this website, I do not always get to give good news, and this is one of these times. I understand that hearing things less than optimal is not easy, and I empathize. Thanks in advance for not "shooting the messenger."

He and his father as the owners of the property. As such, they are presumed to be the landlords, and you are what is known as a "tenant at sufferance." This is a tenant who lives at the property for free at the pleasure of the landlord. See SC SECTION 27-35-170. With little notice, they can evict the tenant at sufferance, i.e. you.

However, there is a possible way to get around this, but it involves filing in court. SC recognizes common law marriages before 2011. Assuming one can argue that they were common law married prior to this, what one wants to do possible is to file in Court for divorce/separation. In doing so, one can ask for emergency orders stating that the property was purchased during the marriage with joint money, making it community property.

If so, then his "landlord" rights are overshadowed by the community property argument, and the Judge may enjoin (stop) any eviction attempts until this is sorted out. But this community property argument only comes into play if someone in your situation files in family court, claiming a common law marriage.

Good luck.

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