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I've been living as husband and wife with a man in arizona…

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I've been living as...

I've been living as husband and wife with a man in arizona for 20years. I have filed taxes married filing jointly for 13 yrs.. he recently went out of town to wyoming to have an affair with an old high school sweetheart. & i believe he is planning on marrying her while there.. is there anything i can do??

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Arizona

Lawyer's Assistant: Have you talked to a lawyer yet?

No, thats y im here

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

Mo

Submitted: 4 months ago.Category: Family Law
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11/24/2017
Family Lawyer: Loren, Lawyer replied 4 months ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 37,312
Experience: 30 plus years of experience.
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I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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Family Lawyer: Loren, Lawyer replied 4 months ago

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately AZ does not recognize common law marriage. So, as a single man, there is nothing that would legally bar him from marrying any other single person he wants, who is legally eligible to marry.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 4 months ago
but federal does recognize common law
Family Lawyer: Loren, Lawyer replied 4 months ago

No, unfortunately, it would be state law.

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Family Lawyer: Loren, Lawyer replied 4 months ago

Again, I am sorry to be the bearer of bad news.

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Family Lawyer: Loren, Lawyer replied 4 months ago
Did you have further questions? Have I answered your question. Please let me know.
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Customer reply replied 4 months ago
oh, i don't know if there's anything else that can be done... :'(
Family Lawyer: Loren, Lawyer replied 4 months ago
I do not think there is any way to prevent him from marrying, if that is his intent. You may have other claims, based in your property rights, but as far as marriage, your options are severely limited.
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Customer reply replied 4 months ago
do i have property rights?? the only thing my name is ***** ***** now is the credit card bills.. I could have my name put on the title of the house
Family Lawyer: Loren, Lawyer replied 4 months ago
You may be able to assert a claim for equitable trust.
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Customer reply replied 4 months ago
i don't know what that is
Family Lawyer: Loren, Lawyer replied 4 months ago
With regard to the title, you may be able to make a claim for an equitable or constructive trust. A Constructive trust is an equitable remedy for situations such as yours. Generally, the following elements must be established to state a claim for this type of relief: (1) a confidential or fiduciary relation; (2) a promise; (3) a transfer in reliance thereon; and (4) unjust enrichment.
Equitable remedies are complex litigation. An attorney is strongly recommended to represent you in court.
If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.
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Customer reply replied 4 months ago
i can't afford a lawyer, i would need to find a free one.. but i can remember that term. I'm still not quite sure what that does for me?
Family Lawyer: Loren, Lawyer replied 4 months ago

If a court finds a constructive trust then they may award you money damages from your boyfriend for your equitable ownership of the home.

As I said, without a legal marriage, your options are somewhat limited. You may want to contact the local county bar association and see if they can direct you to a legal aid clinic.

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Customer reply replied 4 months ago
i don't know if my time has expired? I was wondering if there was any implication if he took up residency in another state & i was still living in this house and he was still paying all the bills?
Family Lawyer: Loren, Lawyer replied 4 months ago
No, that would not change anything.
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Family Lawyer: Loren, Lawyer replied 4 months ago

Did you have further questions? Have I answered your question?

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Loren
Loren
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