Iowa~common law situation.

[Goldengirl]

Here is the situation. The woman involved has been with this man for over 30 years. He first purchaced her a small home prior to his divorce from his first wife, and then after his divorce he built her a very expensive home that they have lived in for almost 15 years. They are not married but he has taken care of her very well for 30 years. All property, real estate and vehicles are in his name.

He has now taken up with a girl young enough to be his daughter and has announced he is selling everything and moving out west. He says he will take care of his companion and support her, how do I help her to make sure her rights (if she has any) are protected? She has not worked in 30 years and has been pretty much dependent on him.

Not sure where to even start.

[rini]

recognize common law Marraige.

You would need to have a judge issue a temporary restraining order keeping him from liquidating any of his assets.

get an attorney quick.

if he has money an attorney might take the case for a percentage.

any way she needs legal help immediately

rini

[aryels]

Living together does not create a common law marriage in Iowa. The man and woman must also have intended and agreed to marry, and publicly declared themselves as husband and wife.

If the couple does not fulfill the requirements of a common law marriage, the couple is in a non-marital cohabitation arrangement.

[Goldengirl]

They have declared several times that they were going to marry, they just never did.

What exactly are her right? be it co-habitation, common-law etc?

He has taken care of her very well and now she will be left with nothing, everything is in his name, his best friend is a lawyer and he is extremely well off and very friendly with the judges in the town. (small town).

[aryels]

If the man is friendly with a lawyer, the lawyer would possibly (but not necessarily) refer him to another lawyer. If he is friendly with the judges, the judges would probably be ethically bound to recuse themselves from any court proceedings on the grounds that they could not remain as impartial.

It might be better to obtain a lawyer and file any proceedings in a different venue (county).


Living together and engaged to marry does not make a common law marriage. A prenuptial agreement would prove their intent to marry.

The man and woman must also publicly declare themselves as married, which means they must have told other people they are married and might have filed as married on their tax returns, or claimed each other as husband and wife on insurance policies, bank accounts or some other way of declaring.

Likely, she would have to produce proof of their common law marriage, otherwise the court would consider it as cohabitation. If the court finds a common law marriage existed, a standard divorce would be necessary to dissolve the marriage.

If the court finds it as cohabitation, it could use an equitable doctrine to determine the fair division of property or if the man owes any alimony or maintenance on the grounds that the woman is otherwise incapable of self-support. If the couple signed a cohabitation agreement, or perhaps a prenuptial agreement, the court would use that to determine the distributions of property.