Skip to main content

Does a women has rights to property if she has lived with a man for over 15 years in the same house

Fort Myers, FL |

I have a friend that has lived with the same man for 16 years and has one son from him. Her son is 10 years old. If she leaves him does she have any legal rights to property that he owns but does not have her name on....They are not married and never have been.

Attorney Answers 5

Posted

Florida is not a common law marriage state. She might be able to sue him based on any number of equitable and contract theories such that they were joint partners in a venture, she unjustly enriched him, etc. But the law in Florida disfavors extensions such as those and instead favors people getting married. But I would need to know a lot more about the facts before I stated that she had no chance at all. Obviously she spent nearly 2 decades with him and that should be "worth" something one would think. Good luck.

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

Mark as helpful

8 lawyers agree

Posted

There is no common law marriage in FL nor is It a community property state

Mark as helpful

5 lawyers agree

Posted

Basically, No.

R. Jason de Groot, Esq., 386-337-8239

Mark as helpful

5 lawyers agree

Posted

There is no common law marriage in FL so seeking any rights through that method will not work.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Mark as helpful

3 lawyers agree

Posted

No she does not

Mark as helpful

2 lawyers agree