Am I entitled to a portion of a personal injury settlement?
Dear Sir/Ma'am:
I've been engaged to and living beside my fiance since October of 2003. We have co-mingled all of our finances since that time as powerfully with various dune accounts with and without both of our name on them.
My fiance and I are having relationship problems (perhaps we've just fall out of love or lost interest?) and will most likely separate within the subsequent 180 days. She has two children (8 & 6 years old) and I've been next to them since the day I met her (literally) and so they consider me their father even though I'm not.
My fiance was involved contained by a bus accident and I got her a advocate who expects her to receive about $100k before his levy, medical bills, etc. So, according to estimate she may end up around $30-60k net.
For the years we own dealt with her cramp, physical therapy appointments, surgeries, etc. I have be taking care of her (she was bed ridden for a long time) and her children I own invested much into the situation.
My question is: Am I entitled to any percentage of the settlement for my MAJOR part within getting her the lawyer in the first place (she didn't want to but I convinced her and found one and wrote the initial packages for her) and taking care of her and her children through all of it? Even if I give up your job before the settlement comes to her? If she co-mingles the funds into one of my accounts or left specifically within one with her own name and not mine?
Thank you tremendously much for your time and consideration of my questions.
Answers:
You could be considered married under Common Law in some states. If to be precise so, then perhaps you could be eligible. Talk to a legal representative. On the other hand, if you are considered married under Common Law within your state, then you might also have some child support and/or alimony obligation. This is pretty sticky. You need real permitted advice. Source(s): It would have be a better story if there was a greater beat on how you helped her and the kids out of the goodness of your heart - which I am sure you did.
There is are differences between marriage and living together. The fundamental differences are legal benefits.
This is her separate property.
If you are nice, she will let you ride contained by her car and she will pick up the tab at restaurants. If she is silly or gullible, she will deposit her money in a combined checking account. But it is still her money. Source(s): 30 years experience in civil litigation
Nope, not a dime. And this is what happens when adults "play house" a bit than get married. They don't get the money and they don't receive the rights either. Not only that but you hold NO rights to her children either. That means NO visitation for you. And when the two of you untangle your finances when she leaves you, you can expect a big mess.
My guidance? It is too late for this situation. You don't have a leg to stand on. You should enjoy married her. It wouldn't have given you any rights over her children but it would have given you property rights. As it is, you did the work but you are going to bring back nothing.
Next time, don't live with someone and don't mix your finances beside them BEFORE you are legally married. And if they get sick past you marry them, let their family and friends lift care of them. Don't do it yourself as you can do all the work and capture nothing in return.
Sorry I can't bestow you better news.
Good luck!
Her lawyer is the human being you should be asking.
No, lawfully I don't think you would have a claim. It would be more of a personal choice on her quantity if she were to give you a portion once you two divide up the sundry bank accts.
No. It is crooked to pay a referral fee or finder's allowance for locating a lawyer to anyone but a lawyer.
Legally you are dating, you are not automatically entitled to a share of her assets contained by most states just for dating. (A few states do allow "palimony"). That is part of the point of wedding ceremony.
You can't do a favor for someone (babysit) and after the fact decide to charge a excise.
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I've been engaged to and living beside my fiance since October of 2003. We have co-mingled all of our finances since that time as powerfully with various dune accounts with and without both of our name on them.
My fiance and I are having relationship problems (perhaps we've just fall out of love or lost interest?) and will most likely separate within the subsequent 180 days. She has two children (8 & 6 years old) and I've been next to them since the day I met her (literally) and so they consider me their father even though I'm not.
My fiance was involved contained by a bus accident and I got her a advocate who expects her to receive about $100k before his levy, medical bills, etc. So, according to estimate she may end up around $30-60k net.
For the years we own dealt with her cramp, physical therapy appointments, surgeries, etc. I have be taking care of her (she was bed ridden for a long time) and her children I own invested much into the situation.
My question is: Am I entitled to any percentage of the settlement for my MAJOR part within getting her the lawyer in the first place (she didn't want to but I convinced her and found one and wrote the initial packages for her) and taking care of her and her children through all of it? Even if I give up your job before the settlement comes to her? If she co-mingles the funds into one of my accounts or left specifically within one with her own name and not mine?
Thank you tremendously much for your time and consideration of my questions.
Answers:
You could be considered married under Common Law in some states. If to be precise so, then perhaps you could be eligible. Talk to a legal representative. On the other hand, if you are considered married under Common Law within your state, then you might also have some child support and/or alimony obligation. This is pretty sticky. You need real permitted advice. Source(s): It would have be a better story if there was a greater beat on how you helped her and the kids out of the goodness of your heart - which I am sure you did.
There is are differences between marriage and living together. The fundamental differences are legal benefits.
This is her separate property.
If you are nice, she will let you ride contained by her car and she will pick up the tab at restaurants. If she is silly or gullible, she will deposit her money in a combined checking account. But it is still her money. Source(s): 30 years experience in civil litigation
Nope, not a dime. And this is what happens when adults "play house" a bit than get married. They don't get the money and they don't receive the rights either. Not only that but you hold NO rights to her children either. That means NO visitation for you. And when the two of you untangle your finances when she leaves you, you can expect a big mess.
My guidance? It is too late for this situation. You don't have a leg to stand on. You should enjoy married her. It wouldn't have given you any rights over her children but it would have given you property rights. As it is, you did the work but you are going to bring back nothing.
Next time, don't live with someone and don't mix your finances beside them BEFORE you are legally married. And if they get sick past you marry them, let their family and friends lift care of them. Don't do it yourself as you can do all the work and capture nothing in return.
Sorry I can't bestow you better news.
Good luck!
Her lawyer is the human being you should be asking.
No, lawfully I don't think you would have a claim. It would be more of a personal choice on her quantity if she were to give you a portion once you two divide up the sundry bank accts.
No. It is crooked to pay a referral fee or finder's allowance for locating a lawyer to anyone but a lawyer.
Legally you are dating, you are not automatically entitled to a share of her assets contained by most states just for dating. (A few states do allow "palimony"). That is part of the point of wedding ceremony.
You can't do a favor for someone (babysit) and after the fact decide to charge a excise.
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