have been with my partner for 12 years ,we are not married have 2 children in common we agree on separation he does not want to leave, thinks i should

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have been with my partner for 12 years ,we are not married have 2 children in common we agree on separation he does not want to leave, thinks i should

what should I do? I own the mobile home. I don’t feel I should leave.

Asked on May 15, 2009 under Family Law, New York

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

NY does not believe in common law marriage so although you were together twelve years you are still two separate individuals with children in common. You may want to contact an attorney is the custody or child support is an issue.

As for who gets what because you are not legally bound each person is entitled to what they brought into the relationship and purchased while involved. If the mobil home is in your name only than he has no legal rights to it and will have to leave if you request he does so. It will help if you can show you paid for the home if he pursues this but he really has no rights to said property if you were never married.

I do advise you call a matrimonial lawyer, have a free consultation, and see if they can advise you further as to the appropriate steps to take if he refuses to cooperate and as I said if custody and support are an issue. Although not married support will be mandated if there is a separation of the parents.


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