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Fantasia May Be Sued for 'Stealing Husband'

8/12/2010 2:45 PM PDT BY TMZ STAFF

Fantasia Barrino is preparing for a possible legal war with the scorned wife of her married lover ... because Fantasia's attorney tells us under North Carolina's "archaic" domestic laws, "women can sue women for stealing husbands."

Fantasia Barrino Affair With Married Man

As we previously reported, the "American Idol" champ had been in a relationship with a man named Antwaun Cook -- who is still married to Paula Cook. Paula recently filed for divorce ... and in the legal papers, cited an "adulterous affair" between Fantasia and Antwaun.

Cook has not taken any legal action against Fantasia yet -- but Barrino's lawyer, Gena Graham Morris, tells us it very well COULD happen ... because in NC there are certain "heartbalm torts ... where a wife can sue a third party for having a relationship with her husband" -- it's called alienation of affection.

Morris adds, "The heartbalm torts arise out of the notion that women were once property that could be stolen like televisions. It is a comical irony that in 2010 women can sue women for stealing husbands."

Morris says she "hopes" Paula Cook will choose not to sue -- but in case she does, Morris vows to "vigorously defend" Fantasia.

252 COMMENTS

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91.

Carolyn    

That doesn't make any sense. Her lawyer said it comes from an archaic law that treated women as property but really doesn't this law give women the right to treat men like property too? I'm just saying, if there were more laws like this then maybe people like Tiger and all the "homewreckers" he was screwing around with might take a little pause...

1440 days ago
92.

Mary    

To me its all a set up cook told wifey he was gonna make some money wifey said cool, no problem, cook got the sex tape gave it to wifey and now bingo bango he gone and wifey fixing to get PAID then watch (they will reunite)!!!!!!!!!!!!!!!!!! Fantasia its on to the next one.

1440 days ago
93.

PattyCake    

You must be joking. Sue her husband if anything. FB did not walk into her home and take her husband, her husband went outside of his home, SHE SHOULD BE SUING HIM....DUH! If the relationship was that beautiful I really don't believe he would have left the home for FB, you don't just decide one day I am going to meet someone have an affair and leave my wonderful beautiful home. She is only doing this because of who she is, is it were someone that was not in the public eye, NAH, she would not. She won't win and if she does hope she enjoys what little she will get.

1440 days ago
94.

anonymous    

lol. What a SILLY lawsuit.

1440 days ago
95.

CutTheCrap    

I love the state of NC but, some laws go back over 100 yrs and are ridicules. A very good friend of mine left Cali to go back there with his girlfriend both of whom really didn't feel the need to have to be married. My friend who had trouble with the law here found out that it's against the law to live with a man or a woman unless you are married!! The consequence if caught is a fine (can't remember the cost) and I believe 6-12 months of lock down. That law goes back about 200 yrs or so. Just crazy.

1440 days ago
96.

V    

Just because you CAN doesn't mean you SHOULD. And that applies to both Mrs. Cook and Fantasia B.

I hope Mrs. Cook's attorney has made it clear what sort of money it takes to press such a claim. And if she loses there could be legal consequences. She has two boys to raise. I hope she really finds it in her heart to forgive and move on. The high road will bring you peace.

If she has in her hands a sex tape AND IT'S DATED then she might have something different to file than an alienation of affection suit. The tort filed could be "criminal conversation".

NC courts don't put up with defendant excuses including he told me he was separated,...

it either is or it isn't adultery. And in NC you play... you could be forced to pay.

Isn't Fantasia a native North Carolinian?

1440 days ago
97.

marcia    

lol. What a SILLY lawsuit.

Posted at 3:23 PM on Aug 12, 2010 by anonymous
_______________________________________________________________

Well let's see how 'silly' it is when Paula walks away with all Fantasia's hard earned money.

1440 days ago
98.

okerry    

To all of you who keep saying "he didn't want his wife anymore" - honey, cheaters want BOTH. That's why it's called "cheating". They want the wife and family AND the girlfriends all at the same time. Otherwise they would just leave and get a divorce. But they don't - not until they're forced to.

That's why cheating is so cruel and so incredibly destructive. Cheaters will string along their spouses AND their dates for as long as they possiby can, and they destroy lives and families in the process.

No one should have the right to do this and get away with it. That's why we need laws that allowed the spouse of a cheater to sue BOTH of them - sue the cheating spouse for neglecting and wrecking the family and cheater's partner for being a destructive invader and intruder into someone else's marriage and family.

1440 days ago
99.

JS    

Why is this the woman's fault? This is typical "MALE made law" so they can transfer blame from themselves to the "woman" they were "enticed" by. Please. Why should a woman be held responsible for another woman's husband? Just because it is law, doesn't mean it makes sense. Remember JIM CROW. Total discrimination against women. Divorce your sorry husband. Blame him! Not her!

1440 days ago
100.

KAY    

WHAT KINDA OF LAW IS THAT THAT U COULD SUE SOMEONE FOR DATING YOUR HUSBAND IT TAKES TWO SUE YOUR HUSBAND IF IT WAS FANTASIA SOMEONE WITH MONEY HONEY THIS WOULDN'T EVEN BE NEWS AND IF SOMEONE COULD SUE SOMEONE OVER THEIR FAILED MARRIAGE THE COURT HOUSES WOULD BE JAMMED EVERYDAY GET OVER THAT TAKE YOU HUSBAND TO COURT NOT HER

1440 days ago
101.

Ivy    

You know how come there's no law like this here in California? I could have been rich!

1440 days ago
102.

meee    

oh my god .Lets all sue the women or men who steal are loved ones and FYI what about the chaeting spouses,they did that for a reason

1440 days ago
103.

jane    

oh my god .Lets all sue the women or men who steal are loved ones and FYI what about the cheating spouses,they did that for a reason,lets sue them.get real if they cheat drop kick there butts out the door ,they dont stop just cover it up so they can keep hurting you.thats called not in love or no respect

1440 days ago
104.

Gsharon 710    

I am sure Fan's attorneys are telling the Cooks to bring it!
They will have second thoughts when crap from their lives are exposed. This should be interesting. Wonder how many women Mr. Cook has lied to? Were they sued? Ex lovers will come out the woodwork now!!! A massive tell all.

Just as Mr. Cook in the end is not a true friend to Fan, then believe it, someone out there who were considered friends of the Cooks will tell enough about the Cook's lives to write a book.

If there is a hint of doubt about what happened with Fan, the Cooks will have to wait forever before a court pays them anything. This child worked hard for what she has and she does have a child to support who's Father is not named Welfare or Telephone Company desk clerk.

We love you Fan ! ! ! ! ! ! ! !

1440 days ago
105.

so over it    

The only way to win this "alienation of affection" suit IF IT COMES TO PASS is to PROVE beyond reasonable doubt that the other woman "stole" a happily married man. The woman in NC who recently won 9M was able to do so because the other woman was a colleague (I think) of her husbands, who knew he was happily married. IF Fantasia was led to believe he was separated, or unhappy, the suit is a lame duck. For what it's worth, I believe the creep told each woman what they wanted to hear.

1440 days ago
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