Legal Question in Family Law in Texas

I am trying to find out common law marriage laws in Texas. I have been with my boyfriend for 6 years and we have a house but he is the only one on the mortgage. Do I have any part of this house since I pay half the mortgage but am not on the mortgage? Also can he kick me out if he gives me a 30 day notice?


Asked on 11/29/10, 11:55 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

1. Living with someone is not enough to have a common law marriage in Texas. You can read the TX Family Code on-line. You must do several things including agree to be married and tell people that you are married.

2. If you live in this house, he cannot kick you out. Only a judge can kick you out. He needs to go to court and evict you.

3. To avoid #2,you might want to file for divorce immediately.

4. I would call an attorney immediately!

5. Good luck.

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Answered on 12/06/10, 10:04 am


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