Legal Question in Family Law in Texas

CommomLawMarriage / Divorce????

Yes,If we have lived together for the past 5 yrs. bought a home together and have introduced each other as Husband & Wife to others, Do we have to get a Divorce in other to move forward with our lives? If so, Then who is intitled to the property we own? Do I / She get to keep what was ours prior to us beggening to live as one? what if She / I have sold some things that did not belong to me / her ?? Does she automaticly get the home even though she is the one who left & did not want to fix our in-differences and did not come back nor help with any of the bills while she was gone? she did live all her belongings like a storge in the home??/ Thank You!!


Asked on 8/10/03, 4:20 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: CommomLawMarriage / Divorce????

You probably have a common law marriage.

Did you purchase your property as husband and wife or as 2 single people? How did you filed your taxes? If you filed as married, then for IRS purposes you are married.

Anything aquired during the marriage is community property -- unless it was acquired through gift or inheritance. Propety owned before the marriage is separate property.

All assets and debts are divided in the divorce. Who gets what property is negotiated in the divorce.

Don't throw out her stuff now. The court will eventually give her a time and palce to pick it up. If she does not pick it up, then you are free to dispose of it.

I hope this helps.

Fran Brochstein

www.familylaw4u.com

713-847-6000

Read more
Answered on 8/11/03, 2:59 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas