Legal Question in Family Law in Texas

My name is shanel.I live I Texas And I have been with zach for 6 years. We have 2 kids. 2 years ago we bought a house.but the house and truck are completely just in his name. I put the down payment of 10000 down on the truck and all the mortgage payments and everything come out of a joint checking account. Well about 3 months ago he up and runs off with another woman just leaving me with the kids and no vehicle and no way to get to the store to feed them. All the utilities at the house are in my name . Well as time went on he kept just coming by the house and just taking whatever he wanted out of it . Then I meet a guy and he starts staying with me to help me out becuz he doesn't take care of the kids any I called the police on one event of him just taking things from the house and the officer said that it was ok for him to get things. But that he couldn't just make me leave cuz the house is in his name only that I had to be evicted the officer even said that he couldn't make my new boyfriend leave either becuz he has stayed every night for a couple months with me and has all his stuff there. I haven't received any papers of eviction nor been even told to get out. So yesterday he drops by Ns gets mad and calls the cops up there and tells the cops he wants me abd my bf out now. And the cop makes her leave on the spot without hesitation and tells me I cant come back in the house. I am in the process of moving on my own free will but my place wont be ready for another couple weeks. We weren't legally married but have been together 6 years with 2 kids and payes everything out of joint acct that both our money went into so I'm just wandering if I have a right to be at that house or go into that house anytime I want to get my stuff or stay the next couple weeks seeing how I've never even been told to go before or haven't been served any eviction papers I really need some help on this becuz I have one cop telling me the house is community property due to common law marriage and I can stay til evicted properly. And another making me leave on the spot with nothing. What should I do becuz I need stuff out the house right now to feed and take care of my small lids and he has also been arrested for domestic violence on me a couple months ago if that makes any difference.

Asked on 4/27/15, 6:06 am

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File for divorce and ask for temporary orders letting you and the children stay in the house and make him pay child support.

The court might ultimately decide you are not informally married, but what I outlined above would buy you some time...

Answered on 5/31/15, 9:08 pm

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