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Ratings. Guidance. The Right Lawyer.
Common Law/Putitive Marriage
Everett, WA
Viewed 886 times.
Posted about 1 year ago in Divorce / Separation
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My mother is in a mess! Ok, she had a "ceramony". Some sort of native american thing that was all very confusing. That was in 2001. All of thier friends know them as husband and wife. He owns 25 acres of land and a house and such. During thier marriage they managed to spend loads of money! Now, ofcourse, there is conflict. She was asked to start living in the trailer they have next to the house. The trailer they bought. Now there is talk that its time for her to move off the property. Now he has told her that all the debts, including credit cards, morgage, and such, are her responsability. Now, what I'm amazed at is the bills are all, ALL, in his name. That includes the morgage. There is something like $300,000 in debts. Legally, is she entitled to some sort of divorce settlement, or anything like it? I know that she should just walk away from him completely, but she, in some misguided way, believes that she is responsible for the debts, and will stick it out to pay them off! Apparently there are only 2 bills, the credit card and the morgage, so there is no way to prove that his 2 new cars, the home improvements, or any of that is in that bill. I understand that she feels obligated to pay her portion, but surely she needs to just walk away. I know that was long winded, but im not sure what else to add. Thanks.
Answers (1)
Elizabeth Rankin Powell
This attorney is licensed in Washington.
Posted about 1 year ago.
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What state does your mother live in? Where did this native american ceremony take place? Was that on a reservation? That would be useful to know.
If she lives in Washington, she may be entitled to a share of his property based on a case called Pennington, if the Court determines that this is a relationship sufficiently like a marriage that it would be inequitable for her to not take a reasonable share. There is also a theory called implied partnership - for example, when two people set up a business with joint goals and earn money and build a business and then the partnership disintegrates, each partner, in the absence of a written agreement, is entitled to a share of the business - both the assets and the liabilities. It would be interesting to analyse whether or not your mother believed she was married - or not. The fast answer is that Washington does not recognize common law marriages unless the parties move to Washington from a state (or country) that does recognize common law marriage, in which case Washington will recognize it. But if your mother was married on a reservation where common law marriage is recognized, perhaps Washington State courts would recognize it, but that is somewhat speculative. The notion that she has no right to live where she lives AND is responsible for all the debts suggests that she may be taking legal advice from somebody who could 1) not be a lawyer and 2) could potentially be an adverse party in a lawsuit. She'd be better served by lawyering up really soon. Interesting facts! Hope this helps - Elizabeth Powell |
