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I'm a Denver lesbian fighting my ex for common law marriage…

I'm a Denver lesbian...

I'm a Denver lesbian fighting my ex for common law marriage status so I can get money from our house and growing our company. She cheated on me and put a fake restraining order so I would not be allowed into my home. My lawyer says I need to settle for her low dollar amount because when we bought our house I had just lost my passport & drivers license and the only way to close before the new year was to sign an affidavit saying we were not common law. Then 6 months later we did a quick deed with joint tenancy. Will that affidavit make me lose?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in? Has anything been filed or reported?

Yes in larimer county colorado

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I don't think so, just need someone good with common law and same sex couples

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Answered in 7 minutes by:
12/15/2016
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,171
Experience: Licensed Texas General Practice Attorney
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Thank you for using JustAnswer.

I'm sorry to hear about your situation. Is there any evidence that would establish your common law status? Did either of you change your name to the others? Did you hold each other out as married?

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Customer reply replied 1 year ago
We did but she is denying it. We each have about 10 people on our each side of that argument. We did get health insurance together stating we were married. My lawyer is convinced the affidavit we signed will make us lose, even though we did a quick claim deed to add me on

This affidavit was signed under oath?

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(and I assume it was an affidavit signed for the purpose of obtaining a mortgage, correct)?

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I'm sorry to hear that. I concur with your attorney in that this would be VERY, very hard case to win. Let me tell you why, and I hope you forgive how blunt this might sound. I'm playing the devil's advocate here, as this would be what you would encounter in court. Imagine the scene in the courtroom, where you're being cross-examined by the other side's attorney:

"You mean to tell me that, at the time you signed the affidavit saying that you were not married, you knew that you were married? So you lied on that affidavit? You're now testifying under oath that you lied on a sworn affidavit, on a mortgage application in order to obtain a mortgage? Do you know that this is mortgage fraud? So either you were lying then and committed mortgage fraud, or you're lying now, which is perjury... Please tell the jury, why should they believe anything you say at all?"

Again, I hope you forgive how that sounds, but that's what you'd hear out of any attorney worth half his/her chops. Now of course this is a very harsh and direct way of putting it, and of course I know that you have your reasons for what you did and why. But if I were the opposing side in a case like this, that's exactly how I would ask it. It'd be admissible and it would be heard by the jury. Not only would it be very difficult to overcome the presumption of this disclaimer, you'd also be admitting under oath that you engaged in mortgage fraud (and that'd be enough to secure a conviction against you) so you'd be taking an enormous risk. You wouldn't even want to try without some sort of immunity or deal with the prosecution. The point is (and I'm really sorry to say this) that you're in between a rock and a hard place. There's not really any good outcome for you, but the better one would be to not bring this one up in court because it just doesn't look good at all in front of a jury, and like I said before, you'd be admitting to mortgage fraud under oath.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,171
Experience: Licensed Texas General Practice Attorney
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