Hello guys, Me and my partner lived together for 2 years, planning to get married. We didn’t share money or do taxes together, but we acted like a married couple and wore wedding rings.
He had debts from before we met, and our relationship is strained because we don’t agree on money matters. Do we need a formal divorce, or can we just break up without legal papers?
I don’t want to be responsible for his old debts or any new ones he’s gotten while we’ve been together. I just want to keep my finances safe.
It sounds like you’re in a complex situation. Whether you need a formal divorce or not depends on various factors, including the laws in your jurisdiction and the specifics of your relationship. However, it’s important to address your concerns about financial liability and protect your own interests.
If you haven’t combined finances or legally tied them together during your time together, you might not need a formal divorce. Still, it’s wise to seek legal advice to understand your rights and responsibilities, especially regarding any debts your partner may have accrued during your relationship.
Here are some steps you might consider:
Consult with a lawyer: A legal professional can advise you on the best course of action based on your circumstances. They can help you understand your rights and liabilities regarding your partner’s debts.
Communication with your partner: Have an open and honest conversation with your partner about your concerns. Discuss your intentions regarding the relationship and any financial obligations you both have.
Financial separation: Ensure that you separate your finances completely to avoid any future entanglements. Close joint accounts, divide shared assets, and establish clear boundaries regarding financial responsibilities.
Consider a cohabitation agreement: Depending on where you live, you might want to consider drafting a cohabitation agreement that outlines each party’s financial obligations and rights during the relationship and in the event of a breakup.
Protect your credit: Monitor your credit report regularly to ensure that no joint accounts or debts are affecting your credit score without your knowledge.
Remember that each situation is unique, and it’s essential to take the necessary steps to protect yourself and your financial well-being.
If you and your partner were not legally married, you typically do not need to go through a formal divorce process. However, since you lived together and acted like a married couple, it’s important to consider the concept of “common-law marriage,” which some states recognize. In such cases, couples who live together for a certain period and hold themselves out as married may have similar legal rights and responsibilities as legally married couples.Since you’re concerned about protecting your finances, it would be wise to consult with a legal professional. They can provide advice based on your specific situation and the laws of your state. There are often free or low-cost legal services available for those who cannot afford a lawyer. You can search for “legal aid” followed by your state or city to find these services.It’s also a good idea to create a clear and written agreement with your partner about the separation and the division of any shared assets or debts to prevent future disputes.
In Texas, common law marriage (also known as informal marriage) is recognized if the couple agrees to be married, lives together in Texas as a married couple, and represents to others that they are married. To divorce a common law marriage, the couple must go through the same legal divorce process as formally married couples, including filing a petition for divorce and addressing issues like property division and child custody. If there’s a dispute about the existence of the common law marriage, the court will determine if the relationship meets the legal requirements.