COMMON LAW MARRIAGE

My partner and I are not married but have been living together for 10 years and we have an 8 year old daughter. I want to separate from him but he wouldn't leave because he has no job, he's had one for a few months in our first year living together and when he quit, he never went back to work. He's a drunkard and I feel he's a danger to me and my daughter but I can't make him leave because his family won't take him back and he has nowhere to go. What can I do to make him go away? Both my daughter and I don't want him with us anymore.

Report to the Baranggay first so they can talk to him, then to the police, if he still won't leave file a case since you are not married (BTW! it's called common law partner not common law married.) He has no right of claim to live with you in your property. Shameless man!

BCK wrote:My partner and I are not married but have been living together for 10 years and we have an 8 year old daughter. I want to separate from him but he wouldn't leave because he has no job, he's had one for a few months in our first year living together and when he quit, he never went back to work. He's a drunkard and I feel he's a danger to me and my daughter but I can't make him leave because his family won't take him back and he has nowhere to go. What can I do to make him go away? Both my daughter and I don't want him with us anymore.

(BTW! it's called common law partner not common law married.) = Yes, I know it's "Common Law PARTNER", the word "MARRIAGE" was a slip. I guess I was thinking too much about it. Anyway, thanks for the reply. However, I've been to the barangay and the police and they both gave the same reply -- they can't do anything unless he physically hurts me. I told them about the emotional and mental abuse I'm suffering, but they still can't do anything with that. Is there a lawyer here who can help me?

I meant COMMON LAW PARTNERSHIP

[quote="AWV"]Report to the Baranggay first so they can talk to him, then to the police, if he still won't leave file a case since you are not married (BTW! it's called common law partner not common law married.) He has no right of claim to live with you in your property. Shameless man!    

(BTW! it's called common law partner not common law married.) = Yes, I know it's "Common Law PARTNER", the word "MARRIAGE" was a slip. I guess I was thinking too much about it. Anyway, thanks for the reply. However, I've been to the barangay and the police and they both gave the same reply -- they can't do anything unless he physically hurts me. I told them about the EMOTIONAL, MENTAL and FINANCIAL abuse, but they still can't do anything with that. Is there a lawyer here who can help me?

The barangay captain has power to solve cases when wrong people live in a place with no owner living there,
so I suppouse he has power to solve such case as yours too.

It's the Barangay Captain's work to tell the Police if EVICTION assistance is needed.

AFTER an eviction is done, then he don't live there anymore, so then YOU can tell the police direct if he try to be there again, when you don't allow it.

BCK wrote:
Yes, I know it's "Common Law PARTNER", the word "MARRIAGE" was a slip. I guess I was thinking too much about it. Anyway, thanks for the reply. However, I've been to the barangay and the police and they both gave the same reply -- they can't do anything unless he physically hurts me. I told them about the EMOTIONAL, MENTAL and FINANCIAL abuse, but they still can't do anything with that. Is there a lawyer here who can help me?

Probably those Baranggay staff are his friends, for them not to take action to help you! First and foremost if you own the house you have every right to kick him out as you are not married to him! In this case, if the Baranggay and police don't take any action to your complains which is their obligations, you will need to consult the TULFO BROTHERS! To give those corrupt officials some lessons!

Probably those Baranggay staff are his friends, for them not to take action to help you! First and foremost if you own the house you have every right to kick him out as you are not married to him! In this case, if the Baranggay and police don't take any action to your complains which is their obligations, you will need to consult the TULFO BROTHERS! To give those corrupt officials some lessons! [/quote]

No, they're not. There's just nothing they can do unless he physically hurts me. I need to have something to use to file a case, and he knows that, so he's very careful about not physically harming me. I don't own the house, though. I rent it, I pay for it, I pay for all the utilities and everything else, even his food. It's so frustrating that neither the barangay nor the police can do anything. It's preposterous that they have to wait for physical violence to occur before they can take any action.

TULFO... thanks, but no, thanks. That's too "public" for me.

Lunkan wrote:The barangay captain has power to solve cases when wrong people live in a place with no owner living there,
so I suppouse he has power to solve such case as yours too.

It's the Barangay Captain's work to tell the Police if EVICTION assistance is needed.

AFTER an eviction is done, then he don't live there anymore, so then YOU can tell the police direct if he try to be there again, when you don't allow it.

We are in the same house, he is living with me and our daughter in the apartment I am renting/paying for. The barangay can't do anything unless he physically harms me.

BCK wrote:

Lunkan wrote:The barangay captain has power to solve cases when wrong people live in a place with no owner living there,
so I suppouse he has power to solve such case as yours too.

It's the Barangay Captain's work to tell the Police if EVICTION assistance is needed.

AFTER an eviction is done, then he don't live there anymore, so then YOU can tell the police direct if he try to be there again, when you don't allow it.

We are in the same house, he is living with me and our daughter in the apartment I am renting/paying for. The barangay can't do anything unless he physically harms me.

Move to another apartment and stop the payment with the present one. If he doesn't have a job then he cannot afford to keep that present apartment or have all the lock changed in your present apartment if you can't be bother to move and rent another apartment. I'm sure he'll eventually get pissed off and ends up harming you!
You seem to know all the answer to your question so why bother to ask here? And don't you think this is also a public forum, if you're really avoiding public? Just saying!

BCK wrote: We are in the same house, he is living with me and our daughter in the apartment I am renting/paying for. The barangay can't do anything unless he physically harms me.

Is he on the rent contract too?

If not, then I asume the Barangay Captain is wrong, because you have right to decide who live in the place YOU rent and pay. If the BC don't agree, then he better tell which law he base that at  
BUT DON'T tell the BC he is wrong , ASK him how come you aren't allowed to decide who live were you pay the rent. You can remind the BC you aren't married.

In an OTHER thing with the Police. THEY don't have juristiction the force him out except if he is violent OR the Barangay Captain tell them to...  

If the BC don't solve it, you can ask PAO if they assist you.

You seem to know all the answer to your question so why bother to ask here?
WHO ASKED YOU? THIS IS A POST THAT ANYONE CAN REPLY TO. I DIDN'T ASK YOU ANYTHING.

And don't you think this is also a public forum, if you're really avoiding public? Just saying!
I CAN POST "ANONYMOUSLY". DO YOU HAVE ANY IDEA WHO I AM?

Is he on the rent contract too?

If not, then I asume the Barangay Captain is wrong, because you have right to decide who live in the place YOU rent and pay. If the BC don't agree, then he better tell which law he base that at  
BUT DON'T tell the BC he is wrong     , ASK him how come you aren't allowed to decide who live were you pay the rent. You can remind the BC you aren't married.

In an OTHER thing with the Police. THEY don't have juristiction the force him out except if he is violent OR the Barangay Captain tell them to...  

If the BC don't solve it, you can ask PAO if they assist you.[/quote]

THANK YOU FOR THE REPLY AND PAO SUGGESTION, APPRECIATE IT. No, he isn't included in the rent contract.

BCK wrote: THANK YOU FOR THE REPLY AND PAO SUGGESTION, APPRECIATE IT. No, he isn't included in the rent contract.

So what reason does the Barangay Captain say to not leting you decide who is allowed to live in your appartment?
Remind him you aren't married to the alcoholic.