Legal Question in Family Law in Texas
Am I in a common law marriage?
I have been living with a man for almost twelve years. He never married me, but i have used his name on car insurance ,health insurance and some utilities. I never changed my license or social security. We have two children and he has decided to leave and be with someone else. I quit my job to take care of his father who lives with us because he has alzhiemers. Now I have no job and he says it is a clean break. What are my rights, options, and legal abilities in this matter. Can he take my children away from me? Thank you for any help in this matter.
1 Answer from Attorneys
Re: Am I in a common law marriage?
It seems likely that you have a common law marriage. The definition of a common law marriage is holding yourseves out as being married. Using his name as yours on utilities and insurance appears to have that effect. You have 2 options. You can file a paternity suit or a divorce. In both cases he can ask for custody of the children. Whether he would be successful depends on the case. The decision of whether to seek paternity suit or a divorce also depends on the facts. You may call to talk about the details if you like at 817 261-2671.