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I am in a bit of a mess and have no idea what I should do. My boyfriend and I have been dating for about seven years. Last year we decided to buy a house and finally move in together.
Unfortunately for personal reasons (not bad credit), he is not able to have anything in his name. Therefore, the house is under my name alone. After moving in, we bought a car. We also needed furniture for the house, so I opened a few lines of credit also under my name to furnish the house.
Six months later, our relationship isn’t doing so well. We constantly fight, and it has gotten to the point where I have seriously considered ending the relationship.
The issue is, I fear ending the relationship because I know I can’t afford the mortgage, car payment, bills and credit card debt by myself. On top of that he has told me that if I end the relationship, he will not leave because we are in a “common law marriage” and, therefore, this house is just as much his as it is mine.
I don’t want to stay in a toxic relationship, but I also can’t afford to end it. Is this true? Does he have a claim to the house under common law marriage? What can I do about the debt I can’ t afford on my own? I feel like such a failure. Please help!
– L.
Dear L.,
Your boyfriend is either misinformed or lying. It’s extremely unlikely that you have a common-law marriage.
Fewer than a dozen states recognize common-law marriage. Even if you reside in one of those states, simply living together doesn’t establish a common-law marriage. You also have to intend to get married and present yourself to the public as a married couple. It doesn’t sound like that applies here. Even in states where common-law marriage is recognized, it’s most commonly applied to determine who should inherit one partner’s property if they die without a will.
So that means the home, car and furniture you bought in your name only is 100% yours. Since your boyfriend…
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