Divocr Question I think???

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Divocr Question I think???

my wife divorced me last year. in the divorce i got the house and the bills, when she just got her belongs and things. now we are back together but not married and have been living together now for 6 months when out of the blue she is suing me for my house….can she do this and can she win. what do i need to do?

Asked on June 23, 2009 under Family Law, Alabama

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You definitely need to seek the advice of a lawyer familiar with Alabama law.

I don't know what grounds your ex-wife is using to sue for the house, but it may be that she will claim that she is your common-law wife now. Alabama recognizes common-law marriage.

Whether you in fact have a common-law marriage is best determined by the advice of a lawyer familiar with Alabama law and the court. Generally, a common law marriage is valid in Alabama:

  • when there is capacity to enter into a marriage;
  • when there is a present agreement or consent to be husband and wife;
  • when there is public recognition of the relationship;
  • when there is consummation.

 

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I think you need to take the new lawsuit papers, along with your divorce decree, to a lawyer near you, as soon as possible.  If you had a lawyer for the divorce, that would be my first choice.  Otherwise, one place to find a qualified attorney is our website, http://attorneypages.com

I'm not an Alabama attorney, but in most states the courts will re-examine a divorce decree if there is a change in circumstances.  Usually, though, that can't be done nearly this soon afterward unless something drastic has happened.  All of the facts of your case can be important, so please don't let embarrassment or anything like that make you hold anything back from your attorney.


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