not married, living together for the past 12 years and have a child together

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not married, living together for the past 12 years and have a child together

We have been living together for the past 12 years, not married. We have a child
together 7 years old and own a house together. we are separated but still living
in the same house because he doesn’t want to leave and asked me to move out.
What’s my options?

Asked on October 30, 2016 under Real Estate Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

While common law marriage is still recognized in some states, yours is not one of them. Therefore, since you are not married, either formally or infomally, it appears that you may have no legal rights here. I say may because it's not clear if you are a co-owner of the house or even a co-tenant. If you are, then you have as much right to occupy the home as does your partner. If, however, either the deed or lease is in his name, then you have no legal standing to remain on the premises. That having been said, you can't just be thrown out, your partner would need to be evicted. Further, if the premises is leased, you could be considered a "tenant" even without your name being on the lease). If, for example, the landlord has treated you as a tenant by accepting rent directly from you, by allowing you to put your name on the mailbox/doorbell, or if you and your partner/roomate rented the place together and it was clear that both of you were on equal footing as to occupancy. Under sthose circumstances, you may have attained the status of a tenant which means that the landlord would have to file for the eviction because only a landlord can evict a tenant.


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