Can my fiance evict me?

Can he do this if we live here with our 2 children and I am the primary caretaker? In 3 weeks we will have lived here for a year. If we did separate, would we file a separation agreement and how much would he have to pay in child support if he makes $73,000?

Asked on September 3, 2011 under Family Law, New Mexico

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Eviction depends on a few factors. If you own this home jointly with him, he cannot evict you and you should file with the court to order him to leave and let you have the home. If he owns the home outright/mortgage and you are not on the loan or deed, you have no right to stay in the home since you have no ownership or monetary interest and therefore, he is within his legal rights to force you to move out, evict you or obtain a restraining order against you. The issue is you are not yet married, so the rights you have under marriage you don't have as merely being engaged. So a separation agreement is not the proper terminology because separation agreements only truly apply to legal marriages. Child support is not automatic, since there is no automatic presumption he is the children's father. If he pushes for a paternity test to stall the process, you may not obtain support for a while. If he is on the birth certificate, that would be helpful. Child support depends on a number of factors, including but not limited to income, living costs, educational expenses, whether you work, whether he has joint, full or no custody.


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