What assets does an unmarried stay at home mom have the rights to after a breakup?

UPDATED: Oct 1, 2022

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What assets does an unmarried stay at home mom have the rights to after a breakup?

I was a stay at home mom for 5 years, 1st year to his son
from a previous relationship then the next 4 yrs to our son
too. It was an unhealthy relationship to say the least. My ex
is a narcissist and was emotionally/verbally abusive and at
times even physical as well. I had a couple part time jobs
but ended up quitting because he was jealous. He constantly
reminded me that he paid for every thing and thru it in my
face. He kicked me and our 4 year old son out about 3 weeks
ago and put in a 30 day notice with land lord,took everything
out of the house all furniture and even our sons bedroom set.
In 2015 we broke up and the court put in place a visitation
schedule giving him only 3rd hrs a week of supervised
visitation. I think our son should have his dad in his life
so I’ve let him pick him up for a couple hrs about 3 times a
week. I asked if I could get my sons bed since I’m living
with my sister and his response was no because he paid for
everything and all I did was stay at home all day. He refuses
to respond to any texts regarding finances. I told him he
can’t just ignome me and technically I shouldn’t be letting
my son go with him. But he still refuses. So my question is.
Do I have any rights to furniture he bought with tax return
money using me and my son as dependents? I think a stay at
home mom is a full time job. What are my options?

Asked on April 5, 2018 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, being a full-time-but-unmarried mother does not entitle to you anything other than the child support your child(ren) would get if you are the custodial parent. Whether fair or not, the law, treats married couples very differently than unmarried: marriage creates legally enforcable rights to property and support (e.g. alimony) that an unmarried relationship (whether with or without children) does not create. You don't have rights to anything; the children have rights to support.

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