Legal Question in Family Law in Texas

is this common property

I have been living with this guy for 7 years.We separated Oct. 12, 2005.In 2000 I added him to my medial insurance.We had to check the box ''living together as husband and wife''. He acquired property during this time.Sold part of it last month and I am living in the other one.The one I live in is a duplex, me on one side with my 14 year old daughter and my daughter and 6 yr. old son on the other.Two apartments in the back 1 rented one uninhabitable.Children are not his. My name is not on any mortgage. I pay the water bill for all 4 units.My daughter and I have payed for any improvements to the property.My questions are: 1)am I legally married? 2)Is this common property? 3) Can he charge me rent or kick me out? 4)Am I entitled to the proceeds to his property sale?


Asked on 12/27/05, 8:01 am

1 Answer from Attorneys
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: is this common property

The elements of common law marriage are:

1. Cohabitate

2. Intend to be married

3. Hold yourselves out to the public as married

If you did all three then you can file for divorce and let the court decide if you were married. If you were then you will have rights to some of the property you mentioned. Hire an aggressive attorney in your area. If you are in the Houston area then contact us for a free consultation-you must act fast!! 281.485.0990

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Answered on 12/27/05, 11:38 am


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