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

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 6 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.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption