Legal Question in Family Law in Texas
Community Property / Common Law Married
My live in boyfriend & I have previsouly marked that we were married for funding to build our house and medical insurance. Since then he decided he did not want to be married. The Land the house is on is in my name, the loan is in both names for the house. He built part of the house himself. I help with paying bills and taking care of kids.
If we split am I entiled to 1/2? If I move out 1st does that give up my rights?
In the last 2-3 months he has taken over paying the house note. Does that effect anything?
1 Answer from Attorneys
Re: Community Property / Common Law Married
You and your boyfriend have held yourselves out as married. That is a common law marriage in Texas. You talk about children and community property. I suggest a divorce. If you do not come to an agreement the judge will decide. Your questions about what you might get as the property division are complicated. We would need to know what was paid with community funds versus separate funds. If you do not get a divorce within 2 years of the time you separate, you will not be able to get a divorce and will have to have a civil trial to divide property if there is no agreement. That could be quite messy.
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