Divocr Question I think???

UPDATED: Jun 23, 2009

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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


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

Answered 13 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 13 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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