If I’m common law married and the title to our mobile home is in both of our names, can my husband make me leave?

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If I’m common law married and the title to our mobile home is in both of our names, can my husband make me leave?

I have been with my common law husband for 5 1/2 years. We meet all AL’s common law married criteria. He voluntarily left our home a little over a month ago to be with another woman. I’m disabled and he is now trying to say we are not common law married and trying to force me out of our home. I have no where to go; I’m disabled and have severe medical problems. He doesn’t care. What can I do? Both our names are on the title to our mobile home.

Asked on July 26, 2011 Alabama

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your situation.  He can not have it both ways and if he held himself but to be married and you meet all the criteria as you say for the state of Alabaman then you have the same rights as he does to the property and to live there.  In fact, if the courts some how found that you were not married under common law in Alabama you as joint tenants without rights of survivorship would still have equal rights to the property and to occupy the property.  But if I were you I would take the stand that you are married, you want to occupy the home exclusively until such time as you can get  out on your own or that you can not do that and you want spousal maintenace.  Please go and seek help with all of this. You need to figure out a strategy.  Good luck.


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