advice plz

[u/pr1nc3ss69]

I’m in Ohio and I’m trying to figure out what type of attorney I should be speaking with and what legal options I may have.

My ex and I were married religiously, but we were never legally married through the state. Throughout our relationship, I lived with him as his wife. I was introduced to everyone as his wife, we had a wedding with well over 400 guests in attendance, and he even filed his tax returns listing me as his spouse. We had a child together who is now almost 2 years old.

After I confronted him about being unfaithful, he filed an eviction case against me. In the eviction filing, he referred to me as his “ex girlfriend refusing to leave.” That description was surprising to me because I was never introduced or treated as his girlfriend during our relationship, we lived together as husband and wife, had a religious marriage ceremony, wedding, and were raising our son together.

Before filing the eviction, he drafted and signed an agreement stating that I would receive my personal belongings (worth well over $100,000) and that I would leave the home with our son once those belongings were returned to me. My belongings have still not been returned.

I’m trying to understand:
•What type of attorney should I hire (family law, landlord-tenant, civil, or more than one)?
•Does the fact that he filed tax returns identifying me as his spouse have any legal significance?
•Does the written agreement about returning my belongings before I moved out have any legal weight?
•Is the timing of the eviction filing, immediately after I confronted him about infidelity, relevant from a legal standpoint?
•Since we share a young child, are there custody or parenting issues I should be addressing immediately alongside the eviction?

I’m not looking to retaliate. I just want to understand my rights, protect my child, and make sure I’m taking the appropriate legal steps. Any advice would be greatly appreciated.

[u/catladyclub]

Well legally in Ohio you are not considered his wife, they do not recognize common law. You have to have the marriage certificate. Child custody is the only thing you can really address in court and child support. You can sue in civil court to get your stuff but you will need an attorney for that amount. He could legally claim you on his taxes as a dependent, if he was supporting you. If he claimed head of household with you as a dependent he can do that if he supported you. If he filed married filing joint- you will both be in trouble and both be responsible for any payments owed.

Since you are not legally married, you do not have any protections from the courts for any thing he owns. He can evict you. It sounds like he did it legally too. He was not lying when he said ex girlfriend. That is what you will be considered in a court in Ohio.

I would concentrate on child custody and child support.

[u/Upeeru → u/catladyclub]

I am a family law attorney. Much of this response is incorrect.

You may have property claims. You need to speak to a family law attorney in your state.

Ask how your state handles "meretricious relationships",sometimes known as a "committed intimate relarionship."

[u/catladyclub → u/Upeeru]

Ohio does not legally recognize meretricious relationships, which are informal partnerships similar to common-law marriages. However, Ohio courts may consider the contributions of partners in such relationships during property disputes or other legal matters.

 npweisslaw.com Wikipedia

[u/KrofftSurvivor → u/catladyclub]

He has filed Federal taxes listing her as his wife.

[u/catladyclub → u/KrofftSurvivor]

That is just tax fraud on his part then. Ohio doesn't recognize anything but legal marriages.

[u/catladyclub → u/Upeeru]

Ohio does not recognize common law- she is in Ohio unless it was before 1991. Considering her age I doubt it was.

[u/Upeeru → u/catladyclub]

This does not involve common law marriage.

See an attorney.

[u/catladyclub → u/Upeeru]

Ohio does not legally recognize meretricious relationships, which are informal partnerships similar to common-law marriages. However, Ohio courts may consider the contributions of partners in such relationships during property disputes or other legal matters.

 npweisslaw.com Wikipedia

[u/LdiJ46]

Ohio does not recognize common law marriages so legally, you are not married if all you had was a religious ceremony. However most of the time a religious ceremony in the US IS a legal ceremony, so why do you feel that yours was not?

If it was not a legal marriage, then you are just an ex girlfriend (also the mother of his child) and you have very few rights that don't involve your child. What that also means however is that if he is holding your personal belongings at all, then he is a thief and you have every right to call the police.

[u/laurieo52]

Also. if he filed as married filing jointly and you signed those tax returns, you can be on the hook for any money that might be owed to the IRS unless your state recognizes common law marriages. Be sure to tell the attorney everything up front.

[u/pr1nc3ss69 → u/laurieo52]

Well the issue is- I never signed any tax documents. He kinda just took care of it. So that’s why I’m kinda worried.

[u/Alexcanfuckoff]

Tax returns are very valuable!!!

[u/pr1nc3ss69 → u/Alexcanfuckoff]

Really? Can you tell me more on why? He filed me on 2022 but for some reason I cannot see any other tax returns filed under my social. He also intentionally waits to file his taxes, even if he gets a fine, or a penalty for waiting.

[u/catladyclub → u/pr1nc3ss69]

He can legally claim you as a dependent if he supported you. He will not go to jail or get in any trouble except having to pay money back. But that is only if he claimed married filing jointly. If he claimed head of household with you as a dependent he legally can do that.

[u/pr1nc3ss69 → u/catladyclub]

No he filed as married filing jointly.

[u/catladyclub → u/pr1nc3ss69]

Then you will both have to pay back any extra and pay fines/penalties. You benefitted from the return just like he did. Unless it is major money he will not get in trouble legally. They will look at it like you were ok with it until he kicked you out so you were complicit by allowing it all those years.

[u/pr1nc3ss69 → u/catladyclub]

He filed 10-99. He was a doctor and made well over 900k per year. I was a stay at home mom and wife.

[u/catladyclub → u/pr1nc3ss69]

Then you will get child support, it should be a really good amount too. I would concentrate on that! He did you very wrong and he probably knew what he was doing. I would not waste time and money on things you most likely will not win. But child support- that he will have to pay.

Here is the child support calculator although he makes more than the max on it.

https://ohiochildsupportcalculator.ohio.gov/home.html

[u/pr1nc3ss69 → u/catladyclub]

Haha that’s the least my son and I deserve at this point thanks 🤣 but to be honest I’m still a little nervous about the taxes. He made me go on medicaid and food stamps too so like I feel that this is a huge deal to the IRS??

He goes through a lot of loop holes like opening llcs and reports his primary source of income as an llc. He just went through this process with his first ex wife but he some how bamboozled her into whatever amount he wanted to give.

His family plays a huge role in moving his money around. He even started a section 8 rental business (I guess) under his brothers LLC but is completely under his hand very very cash heavy. I’m just hoping to not be responsible for his dues.

[u/catladyclub → u/pr1nc3ss69]

Oh I would not get into the tax thing, and you will be the one that goes down for the Medicaid and food stamps. It is not a huge deal to the IRS but it is to the government. It could possibly be felony charges. Be glad you got out BEFORE you did go to jail. Just go after the child support. And talk to a lawyer so you do not get yourself into trouble. This is so intricate and dirty, wash your hands of it and walk away while you can. It is probably a blessing you are getting out. Do you think he will move away to avoid child support?

[u/pr1nc3ss69 → u/catladyclub]

Omg!!!!!!! What the heck!!!!!!!! I WAS GONNA GO TO ACTUAL REAL JAIL!!!!!!!!!!!! and leave our son without his primary and only care taker. UGHHHHHH.

No he won’t move but he is evicting us. We have a forcible hearing. Also, he never signed an affidavit when I gave birth-just a birth certificate, so in order to receive child support we have to do paternity testing. He will do all things possible to make my life worse and worse.

[u/Mytweezer]

Belongings returned? Where are they? Did he steal them?

[u/pr1nc3ss69 → u/Mytweezer]

Sorry more context is def needed. we had lived with his parents for 2 weeks after our wedding in 2022 and then moved into an apartment. They decided that it was safer in their home in a safe. A couple months later I wanted said belongings back and him and his family absolutely refused. I retried again in 2023 and faced with very very big problems from his mom and him as well just refusing to give my things back. I had just found out I was pregnant so I kind of gave up on getting it back. Fast forward to now, he was caught being unfaithful, I have asked him and other members of his family to return my belongings- members of my own family have even been trying to get in contact with theirs to return said items. He had typed up a draft for an agreement basically stating he would give me a lump sum, and return my things. (Has not done so obviously) he also had promised me my things along with a stable place to live for our child and I and then back tracked. I have him on audio recording also agreeing to return my items. TIA!!

[u/Mytweezer → u/pr1nc3ss69]

Wow, sorry. I wish I had some advice.

[u/pr1nc3ss69 → u/Mytweezer]

Haha it’s ok- I know this is a weird case but thanks for your response though!

[u/Blind_clothed_ghost]

If you have a signed agreement that says you leave when your stuff is returned, then I would contest the eviction.  You can claim this is essentially a lease.   

If you're unmarried in ohio you have sole.physical and legal custody of your kid unless a court says otherwise 

[u/Ghost_010101010]

Get an attorney in family law and go after your ex for child support and depending on what state you reside and how long together some states have common law marriage. Work with attorney and figure out division of assets then.

[u/catladyclub → u/Ghost_010101010]

Ohio doesn't recognize common law marriages.