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Ray, Lawyer
Category: Legal
Satisfied Customers: 42898
Experience:  30 years in civil, probate, real estate, elder law
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I have been living with my partner in s house 13 years. We

Customer Question

I have been living with my partner in his house for over 13 years. We are not married. I'm planning to leave within the year (finances are a problem). We are both older than 55 years, there are no children, and he has a history of being abusive to me as well as to others, I've come to learn. I spent the past six months as his caregiver as he went through surgery and cancer treatments for throat cancer. I've been his caregiver more than a couple of times through the years and, in that way especially, feel as though I've been a wife.
There's more to the story, but, in general, I would like to know if I have any rights in Colorado as far as property (household goods) and financial assistance that might be awarded to me so that I can find another place to live and re-start my life. My partner is well-off financially and, therefore, can easily assist me. We don't share land deeds or bank accounts.
Thank you for your assistance.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.You have rights here if you are common law married.You would be entitled to property division and spousal support as a common law spouse for 13 years.

In general, a common law marriage is created when a couple are at least 18 years old, the marriage is not legally prohibited, the couple mutually agree they are married, and they present themselves socially and legally as married.

The Lucero case outlines the basic criteria for a common law marriage in Colorado. The couple must:

  1. Cohabitate,
  2. Mutually agree to be married, and
  3. Openly hold themselves out to the public as married.

You really need to consider a local divorce lawyer to assert a common law marriage claim and file for divorce.You can seek a fair division of everything acquired in the marriage here.

I appreciate the chance to help you today.I wish you good luck here with the divorce and settlement and moving on here.You have great facts to support such a claim.

Expert:  Ray replied 1 year ago.

If you can leave a positive rating when we are done it is always much appreciated.