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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29787
Experience:  Lawyer
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20 year relationship, friends, lovers, partners. s house is

Customer Question

20 year relationship, friends, lovers, partners.
His house is unlivable. In 2010 he moved in here till he could get things livable. He came unannounced stating: I am never leaving you again ( he had just spent 3 months in Czech Republic and realized how much he needed me.
He kept telling me I need to retire to help him get a business going.
He told me I was his beneficiary and that his money is my money.
I depended on that as honest. I am 65 and he suddenly moved out saying he was working through a midlife crisis. It so devastated me I had to take a LOA from work. My life is ruined. He left me in a lurch
He never paid any rent or electric bills. He makes $135,000/yr. I make 35,000. He left me with unfulfilled promise and at least due to his promise I need to get things together. I want to sue him for back rent and some type of support, temporarily. We were viewed by neighbors and family as spouses. He vowed to me we were as married as any couple and he even took me on a " honeymoon" etc
You get the picture . I don't even care if the judge rules in my behalf I just want to expose his lies x. 20 years. Is it worth the effort to summons him? I believe he would settle out of court because of his position. Is it worth the try?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Ohio unfortunately abolished common law marriage in 1991. If you started living together and acting as spouses after October 10, 1991, the law does not recognize the relationship between you. In order for people to claim the benefits of marriage, which includes a dissolution and equitable distribution of assets, it's necessary to first get married. Any sort of promise in contemplation of a marriage has to be put in writing to be enforceable, so none of the things he said to you create any sort of legal obligation upon him. There is no right to support from an unmarried partner.

In 1978, Ohio abolished causes of action for breach of the promise to marry. A person also cannot sue for emotional distress or fraud relating to a failed relationship. I'm sorry. It would be a violation of the Rules of Professional Conduct for any attorney to file a lawsuit, knowing that your causes of action have all been barred by the statute. And I'm not allowed, consistent with my oath as an attorney, to suggest that you sue someone for a cause of action that hasn't existed for many years. If you did sue him and he ended up paying an attorney to have the case dismissed, he could sue you for his attorney's fees under a theory of abuse of process. So trying to sue him could actually backfire horribly on you.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.

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