Legal Question in Family Law in Texas
Common Law Marriage
I've lived with a married man for years. We've invested a lot in a house, we have a son together. He continues to tell me he can't get a divorce from his wife because she'll get more than half of his retirement. I know this to be true, but I have decided I no longer want to wait and hope he does eventually get a divorce. How, or can I recover financially from the years and money I've put into this relationship and our household?
1 Answer from Attorneys
Re: Common Law Marriage
I doubt you are common-law married because you knew he was married, it appears, when you decided to cohabit. In that case, your cohabitation is viewed, in essence, as a partnership dissolution. Very roughly speaking, each of you should receive from the partnership in the proportion to which you contributed. There are a lot of wrinkles to this; it is impossible to be more than very general because I don't know the facts.
With respect to the son, the father will be required to pay child support. Marriage or not has nothing to do with his obligation to support his child.
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