Legal Question in Family Law in Texas

You need to talk to an attorney.

If his name is on the mortgage, a judge cannot remove his name from the mortgage. Only the mortgage company can remove his name. A judge cannot interfere with 3rd party creditors & a mortgage is a third party creditor. I suspect that the mortgage company will expect you to re-finance the house or do something to get the man's name off the mortgage. You need to call them and ask them what they want to get his name off the mortgage.

Is there equity in the home? If so, he will want his ownership interest out of the house. He can sue you for his money out of the house. No court will expect him to walk away without his money. He can go to court and ask the court to order that the house be sold. The judge will order that the house be sold.

If you are not married then filing for divorce is not an option. The divorce will be thrown out by the judge. You have to prove that you are married for a divorce to be granted. You can live together for 20 years and not be married in the State of Texas. Living together does not create a common law marriage in the State of Texas. You can read common law marriage requirements on-line under the Texas Family Code - free.

If the man you are dating is "bad", it can impact the judge granting you legal custody of your children. If he is a registered sex offender, you will NOT be granted custody of your minor children - I can almost guarantee it without knowing any other facts in the State of Texas.

I hope this helps.

Please talk to an attorney.