Legal Question in Family Law in Texas

If the deed to the house lists you both as grantees, you own the home in whatever shares the deed conveys to you. So you need not file for divorce. However, if the house was mortgaged when it was purchased, one of you may have a claim against the other if one of you paid more than the other.

If you were married, there is a presumption that everything you acquired during your marriage is community property. Thus you would each one half the house no matter who paid for it. Thus if you made little or no mortgage payments, you might want to go through the divorce process.

To do so, you would first have to file a suit to prove the common law marriage and then file for divorce.

I agree with Mr. Engelke. The law in Texas is termed an Informal Marriage. If it exists, then both parties have a right to an equitable portion of the assets and liabilities of the marriage (property acquired during the marriage regardless of whose name is on it - with some exceptions). If it does not, then what's yours is yours, and what's his is his.