Legal Question in Family Law in Texas

Common Law and house ownership

My parents got a divorce in 92, giving my mom his half of the house (name is still on the lean). My mom got togeather with another man he is claiming in 1990. He has filed common law devorce and wants half the house. She has owned the house since 87 when she lived with my dad. Also my mom has moved to my sisters for now but is still paying all the bills, all morgage payments have come from her seperate checking acocunt. He filed for common law divorce so that we could not remove anything from the house, and he is still living there. Does he have any claim in the house? How can he frocably be removed from the house?


Asked on 3/16/06, 10:47 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Common Law and house ownership

She needs an attorney NOW!

It sounds from your description (I can only answer based on the facts you provided) that the house belonged to her before marriage and is therefore her separate property.

However, the new husband might be entitled to some $.

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Answered on 3/16/06, 2:08 pm


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