Legal Question in Family Law in Texas
Common law
I moved from california in december of 0f 06 and i purchased a house in the state of houston texas in my name. My girl friend left california in march of 07 and moved in with me. Its been over a year and i would like for her to move out and get her own place to live in but she wont. What would be my rights to try to get her to move out or can i make her move, or will that possibly be a common law issue. She has a telephone bill and energy bill that comes in her last and my last name what do i do to mahe her move .
1 Answer from Attorneys
Re: Common law
The Texas Family Code provides the three-part test to determine if you have an informal marriage:
First, you must have "agreed to be married."
Second, you must have "held yourselves out" as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as "my husband," or you may have filed a joint income tax return.
Third, you must have lived together in this state as husband and wife.
If you are not 'common-law' married, then you will to proceed with eviction to remove her from the apartment. You will need to establish your greater right to the residence.
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