Legal Question in Family Law in Texas

Common Tenants or Common Law Marriage?

I was engaged in Jul 2000 to a party from another state. They moved in with me Aug 2000 with their child. They were added to my checking account, due to no job after relocation.

Since that time, the possibility of marriage has become a thought of the past. I have conveyed this to them beginning in Jan 2001. They have made the comment that the only way I will get them out of the house is by divorce.

We have never presented each other as being married, nor have we ever admitted being married (only the intent of future marriage). I have been asking for months for them to open their own checking account, but they refuse.

Although employed, they can�t support themselves with just their income, nor do they receive child support for the child. I have compassion for their dilemma, but also don�t feel I am responsible for keeping a roof over their head and food in their mouth for an extended length of time. I do not want to put them out, but they do not have plans of leaving without further action on my behalf.

Am I ''Common law married''? If not, what actions must I take to remove them from my home? Checking Account? If so, what could they gain by such a claim? We have no community property! Child is not mine etc.


Asked on 7/12/01, 12:56 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Common Tenants or Common Law Marriage?

Based on your facts, I don't believe you have a common law marriage in Texas. In order for a common law marriage in Texas, there are several things needed...telling folks you are married, agreeing to be married between the two of you.

There is NO time periods to be married in Texas. You can live together for 10 years and not be married or you can spend one night together and be common law married.

Checking account - you probably need to just go to another bank and open a new individual account. I don't think the bank will let you remove the person's name without their permission. I assume the person will not give permission.

If you rent, then you might be violating the terms of your lease. (It might be easier for You to move at the end of your lease.)

If you own, file eviction proceedings.

If you need a consultation, call me at 713-847-6000.

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Answered on 7/14/01, 1:36 am


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