Legal Question in Family Law in Texas

Re: Common Law split

You may be common law married if you meet the three elements:

1. Cohabitated (lived together)

2. agreed to be married

3. Held yourselves out to the public as married

If you did these three things you are common law married and need a divorce and you will be entitled to a fair and just division of the property. If not you can still file a suit against him to get half or your investment in the property. Don�t sign anything until you contact an attorney. Contact us if you need more help.

Re: Common Law split

The title of your inquiry implies that you are questioning whether you may have property rights under a theory that you have a common law marriage. If you can establish in court the existence of a common law marriage, then a variety of property rights, for both parties, kick in, such as community property rights.

There are three elements to a common law marriage in Texas: First, you must have "agreed to be married." Second, you must have "held yourselves out" as husband and wife, that is, you must have represented to others that you were married to each other (for example, introducing each other to others as "my wife" or "my husband," or filing a joint tax return). Third, you must have lived together in this state as husband and wife (no minimum time limit).

Unless you can establish a common law marriage, then you and your boyfriend are pretty much the same as roommates. You get your stuff, and he gets his. I suggest you consult with an attorney to assist you in determining whether you have a case for arguing that you have a common law marriage.

Regarding the car, DO NOT sign anything unless advised to do so by an attorney. As a cosigner, your boyfriend has no rights to your property, only a potential liability should you fail to pay the car loan. Being a cosigner has no benefits, only potential negative consequences. Of course, if you get seriously behind on your car loan, the bank will repossess the car anyway.

Please let me know if I can be of further assistance.

Marc Pederson