Legal Question in Family Law in Texas

Common Law Marriage

I have a friend who went through a divorce 18 months ago. He got custody of his two children and the house. I have reviewed his divorce and subsequent papers regarding the house and they are definitely final. The only rights that the ex-wife has to that house is if he defaults on the mortgage. Now here is the problem.... They started dating again and she moved back in. He hasn't represented himself as her husband, they haven't signed any paperwork together (loans, credit cards, etc.) and she pays him rent. He now wants her to leave and she won't!! She is trying to bluff him with some legal jargen that because she has lived there 4 months the house is part hers. He told her all he needs to do is show the police all of his paperwork and she should have to leave. Is he doomed now with the previous divorce papers, including custody and the house?


Asked on 9/12/01, 10:23 pm

2 Answers from Attorneys
Fran Brochstein Attorney & Mediator

Re: Common Law Marriage

Texas does have common law marriage. However, certain things need to have happened for common law marriage to be alleged.

If your friend lives in the Houton, Texas area, I offer a free telephone consultation at 713-847-6000. Be sure to let my secretary know that you found me on lawguru.com

Good luck!

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Answered on 10/27/01, 10:29 pm
David Waldrop Holley, Waldrop, Nearn & Lazarov P.C.

Re: Common Law Marriage

In Tennessee one cannot have a common law marriage. Therefore, your freind needs to have her evicted either by calling the police and asking her to leave or filing an FED action in general sessions court.

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Answered on 10/26/01, 8:28 am


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