Legal Question in Family Law in Texas

I am in a common law marriage situation. He moved out and says he is going to have me evicted from the house and has had an attorney send me a letter. He sent one to me about 7 months ago stating the same thing from his attorney . He says that he will go to court before the judge and get a court order to force me out and that he is going to have me handcuffed and dragged out of the house by the police. The house is in his name alone. We've lived together for over 7 years in this house. We have a daughter (he is the biological father) who is grown (over 18) who lives with us and he seems to want her out, too. Can this be done?

TY


Asked on 3/30/11, 11:22 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Only a judge can remove you from a home. You will not be "handcuffed and dragged out of your house by the police". If you are worried call the police & ask them.

Or, call the local small claims court and ask the clerk their policy on evictions.

If you truly have a common law marriage then there will be a divorce and the "eviction" will be handled through the divorce.

You need an attorney. If you have no money, look on the State Bar of Texas website for a pro bono attorney (free). Or he handles all the money, look on this website for an attorney that will represent you & ask him to pay for it.If you are married, then he must pay your legal fees.

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Answered on 3/31/11, 7:47 am


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