Question:

My common law wife has told me that she wants to move on for the third time in 5 years. I want to make it work, but this time I think she is having an affair and don't think I can do it anymore.

I put her through college, we own two homes, have one son together, and I have raised her other son for 12 years. I desperately want to keep this house to raise our boys in, but I can't afford it on my own. She has said that I can have both kids. She inherited 120 acres of farmland in Minnesota that is split betwen her and her older brother. Would I be entitled to 1/2 of her share? If so, I think I could keep the house and the boys.  This would enable me to potentially begin moving forward.

Answer:

You will need to consult an experienced domestic litigation firm, such as Cordell & Cordell, to review your property and custody rights under the circumstances of your case.  Whether you have any rights to inherited property or step-child custody can be complicated issues and require a full development of the relevant facts.  While you may be entitled to a division of common law property, because real estate law is unique that property may be subject to the laws of Minnesota instead of, or in addition to, the laws of Colorado.  You may also need to consult a qualified attorney licensed in Minnesota as well. 

Richard Coffee is a Litigation Manager in the Belleville Illinois office of Cordell & Cordell. He is an experienced divorce attorney whose practice is devoted to domestic litigation. He is licensed in the State of Illinois and is admitted to practice law in the U.S. District Courts for Northern, Central and Southern Illinois.

Mr. Coffee has extensive domestic litigation trial experience representing clients in courts throughout Illinois on all aspects of domestic litigation, including the representation of clients who are current or retired military personnel with issues under the Soldiers and Sailors Civil Relief Act and the Uniformed Services Former Spouses' Protection Act, clients involved in state court jurisdictional disputes due to the relocation of one or both parties from or to Illinois, and clients with government or private pension benefit valuation and division issues.