In the event of divorce in common law marriage, what happens with a jointly owned home?

Asked on July 9, 2012 under Family Law, Montana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the marriage is recognized as a common law marriage and all the criteria have been met, then you divode assets between you the same way you would in any divorce action.  You both have equal rights to the home and you have to decide if one of you will buy the other out or you will sell it and divide the proceeds, etc.  Good luck.


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