Legal Question in Family Law in Texas
I am 27 years old and my parents split up 12 years ago. They've been apart ever since. I have 2 younger siblings, the youngest of which will be turning 18 soon.
My parents only had a common law marriage, though they had shared assets. When my mother left, she took my younger siblings and just left. No legal proceedings followed. My parents have had no law involved at all. My father has given her 400-600 a month cash in child support since the split, even when I was younger than 18. He also has purchased necessary school items (clothes, dues for clubs, band instruments, whatever he could) the entire time. On top of all of this, he purchased her a house in a small town here in Texas for $11,000 using monies from land he owned and sold off. That house was destroyed in a flood, and so he purchased another home for her spending another $25,000.
He's paid for my mother to have cell phones and purchased new cell phones for her since the split as well. Talking to friends, I feel like he's given so much. He doesn't have that much to give.
The problem is this, my mother took nothing that they owned together when they split. My father has 10 acres and a small cottage style home that has gone from a value of ~$5000 per acre in 98 to nearly $20000 an acre now.
Seeing the caboose of the proverbial gravy train coming to an end soon with my brother turning 18, she's decided to take legal action to get half of the land and house.
My question is this, can she do this? does anything my father has done in the last 12 years count? If he has to sell and split the land that I had hoped to purchase and build a home on myself, does she get half of current market value?
I am so at a loss that she would do this at this point. All that aside, I'd truly appreciate any legal insight I could get.
This sight seems wonderful.
Thank you so much.
1 Answer from Attorneys
Hi. Based on what you've written, I am assuming the following: (1) There was no determination by a court, within 2 years of your parents' separation, that your parents had a common-law (informal) marriage; and (2) Your parents jointly purchased the land and house at issue.
Based on these assumptions, your mother may have a claim on the land and house as a co-owner, which exists regardless of whether the property is considered to be "community property." In other words, whether your parents had a common-law marriage may not be as relevant as whether they jointly own the property.
With respect to community property, as more than 2 years has passed since your parent's separation, the presumption is that they were not married. If your mother wants to try to make a claim on the house and/or land based on the community property laws, then it will be her burden to prove that there was a common law marriage. As a side note, the fact that your father paid child support is not determinative on this issue as he would have been required to pay child support regardless of marital status.
Assuming your mother is not able to overcome the presumption of no marriage, then the next inquiry is whether she and your father bought the land and/or house as co-owners. Your father needs to look at the deeds. Is you mother identified as a co-owner? If so, then she may have a legal right to the property. There may also be a question whether your mother abandoned the property, assuming she did not pay any of the property taxes, did not pay for the upkeep of the property, etc. This would be your father's burden to prove. If it is determined that your mother has a valid claim to the property as a co-owner, and did not abandon the property, then your father may have an equitable reimbursement claim for all the years that he paid her share of the property taxes and possibly be entitled to reimbursement for any other reasonable expenses associated with the property, such as routine maintenance and upkeep of the land and/or house. Your father should definitely speak with an attorney who can review the documents and advise him of his rights. Good luck.
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