Legal Question in Family Law in Texas

Re: I WANT HIM OUT OF MY HOUSE!!

Before anything else, please realize that the particular circumstances of your situation may change my answers.

1.

(a) IF you are married (either formally or common law) then this is a family law issue. You would possibly be common law married if you (a) agreed to be married, (b) lived together AFTER that, and (c) held yourselves out to others as married.

Under those circumstances, you would file for divorce and attempt to obtain temporary orders removing him from the house. You CANNOT remove him without a hearing unless there is violence involved. That typically takes a week or two. Also, he could file for divorce and attempt to remove you. The result would be up to the judge.

(b) IF you are NOT married, then you may not be able to use the family court system and this is really a real estate law problem.

2. There is a question, if you are married, as to whether the house is yours, his, or community property. This would be dependant upon when the house was obtained, the actual date of the marriage, and other factors. It is important to establish the facts before initiating any legal procedure.

3. You state that this is not healthy for the children. Why? If there is family violence involved, a whole new set of laws is invoked.

Please call an attorney to find out what your situation is according to your particular facts. Good luck.

Re: I WANT HIM OUT OF MY HOUSE!!

Yes! You should hire a lawyer. His rights would depend upon whether common law marriage is recognized in your state. In Texas, this requires the parties to represent to others that they are married whether or not with a license. Regardless, you can obtain a restraining order to get him out of the house while you are seeking legal determination of his rights.