How to end a relationship with children and jointly owned property?

Question Details:

I have lived with someone for over 10 years and want to get out of it. I do not recognize myself as "common law married" in any form and haven't for years. We have a home (I put the down payment) and both names are on it. I'd like to keep the house but he won't leave, so I'm willing to give up the house if I could get my name off it. We have 2 children and I am willing to have joint custody. I would not need child support but want him to pay for 1/2 of daycare. In CO, do I need to go through the courts to break up?

Asked 12/19/2011 under Divorce, Marriage, Alimony | 129 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Hong Shen / Robert Law Group Answered 5 months ago | Contributor This attorney is licensed in California

This may still be considered a common law marriage in CO. There are factors to determine whether it is, such as whether you file joint tax return, whether you held out as husband and wife, whether other people know you as husband and wife, cohabitance, joint accounts, etc. You should consult a local attorney to find out details. Since there are kids involved, you should consider filing a divorce and getting child support.

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