Legal Question in Family Law in Texas

Division of property

If a man and woman live together for fifteen years, marry and then divorce within the year (no children) is the property still dividable? In other words is the spouse intitled to support after the divorce?


Asked on 12/19/00, 9:22 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Division of property

My first response is that only the property acquired during the marriage can be divided -- excluding anything received by gift or inheritance.

However, since Texas is one of the few states to recognize "common law marriage", if a common law marriage can be established for all or part of the time you lived together, then the answer could be different.

Texas also now allows temporary spousal support (alimony).

In other words, the answer to your question is not that simple.

Best of luck to you.

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Answered on 12/26/00, 12:07 am


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