Legal Question in Family Law in New York
What rights do I have if we aren't married?
Last year my boyfriend and father of my child bought a house for us to all live in and reside as a basically married couple. He has called me his wife and doesn't correct people that Im not his wife. Recently he decided to leave and he was going to move while I stayed in the house with our daughter so she had a stable environment. Now he's telling me to leave. Although many times he promised me that I wouldn't have to move. I don't work because we agreed that I would stay home with her until schooling begins. Im not on any of the house bills or anything. What rights do I have to the house if any? Can we be considered common law husband and wife? Also is he legally responsible if I decided to work full-time to pay for daycare as well as paying for child support?
1 Answer from Attorneys
Re: What rights do I have if we aren't married?
If your name is not on the deed, you did not make any monetary contribution to the house purchase and you are not a spouse, You do not have any rights, title or interest in the house.
You are not; and cannot be considered a "commonlaw wife" in NY.
A non custodial parent can be ordered to pay "basic child support," (which is a set percentage of the Non Cust, parent's income), carry health insurance and pay deductibles; pay a SHARE of child care costs, in order to permit the custodial parent to attend work or school; And, pay a share of other "Add Ons," that the Court may decide is appropriate and in the child's best interests.
Suggest: That you Discuss calmly w/ the father, a Plan, Timetable, and Finances.
Explain that you need his help, in order for you both to move on with your lives. The sooner you can get a dependable source of income, move, get day care, and etc., the better it will be for you and your child; and the father.
Tell him that you want to Get on with your life and expect that he wants the same thing; and that he will be fair, considerate and helpful.
Ask for his ideas and thinking about how you both should proceed.
DO NOT make the mistake of "telling him" what you think he "has to do;" or what you feel you are entitled to get.
Good luck,
Phroska L. McAlister,ESQ
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