What are my rights?

[senoritaflorida]

Here is my situation:

I am living with the father of my kids for over 13 years(not married). The house we live in is only in his name. I have documentation that I pay half of the mortgage for all the time we have been living in the house. He will be moving out in the next 2 weeks with someone else and agree for me and the kids to continue living there and paying all of the mortgage.
At this time I do not receive any type of income from him for the children. If he decides in the future to sell the house, what rights do I have to it?
Thank you

 

[Duranie]

If you are not married then probably none. You do not get anything from it because you paid half the mortgage. If you lived somewhere you would have to pay rent anyways. You probably do not meet the requirements of a common law marriage and even so, Florida doesn't recognize it anyways. You lose many rights by not being married. You could have aslo asked that he add you to the deed of the house and that was not done. You do not get rights to a house just by living in it. If he sells it he would have to go through proper eviction procedures to get you out.

Just an FYI....he is VERY generous to offer to pay the entire motgage even though he is not living there. If he is doing that, you may receive no child support from him as that is a good offer but it is not court ordered so he technically does not have to pay you anything.

 

[lwpat]

It depends. You really need to talk to an attorney. If you can't afford one, check free legal services in your area. There are too many variables. If you paid half the mortgage and can prove it, then you have an equitable interest in the house. I would recommend getting a CS order.

 

[Duranie]

"If you paid half the mortgage and can prove it, then you have an equitable interest in the house"

how is this different than paying rent? They are not married.That makes a huge difference.