Legal Question in Family Law in Texas

I live in Houston TX in a common law situation of 5 years. My common law spouse bought me a car. I have never paid a note. We are having problems. What are my rights to the vehicle. He has never driven the car and we still live together


Asked on 3/10/11, 7:37 am

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

First you have to establish a common law marriage, which we call an "informal marriage" in the Texas legal system. To have an informal marriage, you have to be able to prove to the court that you both (a) agreed to live together as husband and wife in all respects, including the accumulation of community property; (b) lived together in Texas; and (c) told your friends, family, co-workers, neighbors, employers, etc. that you were husband and wife. If you cannot prove all three of those elements, you do not have an informal marriage.

If you do in fact have an informal marriage, then you have to know when the marriage began. If he bought the car before the marriage began, it is his separate property and you will have hardly any rights at all. If he purchased if after the marriage began, then it is probably community property and you have some interest in the value of the car, but you might not be able to get the car in a divorce.

If you do NOT have an informal marriage, then you would try to prove that the car was a gift to you. Gifts can be hard to prove, but it you are not married in the eyes of the law, that's all you have to go on.

Now, assuming again that you are married and that the car is community property, the only way to enforce any rights as to the car is for you to file for divorce. During that suit, the court will decide whether there is a marriage, when it began, whether the car is community or separate property, and what, if any, share of the marital estate you should be awarded.

As you can see, this is a complicated matter. I would suggest that you consult with a local family law attorney who can review your facts in detail and give you advice carefully tailored to your specific situation.

Good luck!!

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Answered on 3/10/11, 8:39 am


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