Legal Question in Family Law in Texas

Re: Common Marriage Property Rights

This answer assumed that your statment is correct that there IS a valid common law marriage. If there is not, then this answer does not apply.

IF there is a common law marriage, then it is a marriage just as if it had been created by a formal ceremony after obtaining a marriage licence. Once proved, the two types of marriage are the same. Property acquired during marriage is presumed to be community property. On divorce, a judge may dispose of the property in a "just and right" manner. That does not necessarily mean 50-50. During the pendency of the divorce, the judge can enter temporary orders as to possession, payment of the mortgage, and other issues.

Remember that if the parties are married, all income received and all property acquired is presumed to be community. If, for example, one party were to win the lottery, you can bet that the other party would likely sue for divorce. Of course, by then it would be too late for the winner.

Of course, if the marriage is not proved, then the property issues will be decided according to the property laws instead of the Family Code. In that event, the signatures on the documents and the acconts from which the payments were made are more important.

Re: Common Marriage Property Rights

It sounds as though both parties intended the house to be a partnership [50-50] investment regardless of the marital status, and that appears to be what has been created. Both parties, then, have equal rights to the property, legally, although in a period of disagreement occupancy and access are a serious problem for one.

It may be that you can work it out by having the party liable on the mortgage buy out the other, or vice versa, or sell the house and split the net proceeds.

If it cannot be solved aimiably, then it may take a "palimony" or partition suit to resolve the issues.