Common Law Marriage – Housing?
Thursday, March 11th, 2010 at
3:06 pm
State New Jersey
My mother has been living with someone for a few year (2 to 3)… Legally they are not married. However, things have been shaky between the two… He said that he has a right to still live in our house. He rarely paid rent… So my question is, does he have a right to be here?
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Tagged with: Common Law Marriage • Marriage
Filed under: House Law
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Your mom is the one to make that decision, but I’d say NO, he doesn’t have a right to be there.
No. Not that many states uphold common law marriage anymore anyway. And there are no rules about how long you need to be living together to be considered common-law married, in fact one of the only conditions in many states is that you go around SAYING you are married. If they don’t do this, they are not CLM.
Perhaps it’s time for her to give him the boot. He doesn’t sound like much of a winner to me.
No there is no contract. Kick his butt out.
Well, I know in my state if a person in living with you for more then a month even if their name is not on the lease you MUST give them a 30day eviction notice and if they still act as if they dont want to leave you have to take them to court. Every state is different though you have to check.
New Jersey does not recognize the creation of common law marriage.
New Jersey would only recognize they are common law married IF they were originally common law married in a state that does allow common law marriage and THEN they moved to NJ.
It sounds like they have always been in NJ, since your mother’s house is there, so, if that’s the case, there is NO common law marriage.
So, she can kick him out, and he doesn’t have any rights to the property.
NJ is very clear on the the whole common law thing…. it does not exist. Even in places that do have it (or did) it is 5to say seven years and many conditions must be met. One is being known in the community as being married.
There is a reason why this worked in the old days. It was to protect women and children. But in this day and age most states have gotten rid of it…. you are married or not. Again NJ does not recognize it for residents and 2 or three years would not cut it anywhere.
So two ways to go. Technically he has to be evicted as he can prove after all of this time that he lives there. I am not up on NJ as far as the time but in most places 30 days pretty much covers it. If he is saying it is his “right” he might know this.
No real point in him saying this because there are so many legal avenues your Mom can take. The end will be the same. So your Mom has to stand up and make it happen if she chooses.
She could just kick him out. Sure the police may come and he might try to invoke his rights but they will not let him stay there in case there is a later issue. The police will give a crap even later…. they have better things to do.
It comes down to this. She either stays in shaky land or does what she has to do. There is no in between.