About Equality in Marriage Institute Expertise As a non profit organization commited to assisting and supporting men and women through their divorce transition, we will answer any questions -from how to get yourself on your feet after being served with divorce papers, questions to ask your lawyer, how to appeal or modify your judgement and the different ways to end your marriage to how to empower and care for yourself, the benefits of joining a support group and how to manage your divorce process. Please note that we are not lawyers, financial advisors or therapists. The information given is intended to provide you with direction towards resources, websites, and answers that can help you through your transition.
Experience We have experience answering hundreds of questions from both men and women who are going through the divorce process.
Expert: Equality in Marriage Institute - 4/16/2005
Question Hello, I recently ended a 7 year relationship. We were not married, she never used my last name, we never filed taxes together. As of right now there are no vehicles commonly owned by us and her name is not on my house. I heard that she has been contacting lawyers to try to take me to the cleaners. I dont see this as being 'right' but alot of things arent today. I gave her a car and a truck, spent over $10 K trying to set her up in 2 businesses. She only worked 2 out of the 7 years and did not contribute to the upkeep of the house. I am wondering if I may need to file something first and beat her to the punch, like maybe a suit to recover the money invested in her failed business to maybe give me a lever if she comes up with something. Can you point me in the right direction? Thank you in advance for any and all help you can give, Darwin Richardson
Answer Dear Darwin,
One of the first steps you may want to take is to see if you live in a state that recognizes common law marriage. There are a few requirements that need to met in order to be considered common law married. If those requirements are met then you are legally married and you must file for a divorce. Visit usmarriagelaws.com to see if you do live in state that recognizes common law.
If you are not common law married then you she may be able to take you to court to receive money or property that she can prove is hers (checks or other paperwork). You shoudl speak with a lawyer in either case just to make sure you have all of your bases covered.
Be sure to collect any paperwork that you may have signed together or any bank or investment accounts that you may have shared (including credit cards). If you have paper work regarding the "giving" of the truck and car- it would be good to have those together. Did you sign the title or car payments or car insurance over into her name?
I do not know if you can sue her for money you invested in her business- you should speak with a lawyer in your area about it.
