Legal Question in Family Law in Texas
I have been living with the same woman for about 17 years and have purchased a mobile home, but I am planning to spearate from her. Since the contract is under my name, am I legally liable for continuing to make the payments if she keeps it? Can she request to keep it and if so would she then be liable?
2 Answers from Attorneys
IF you were informally married to this woman, and the home was purchased during the marriage, then it is community property. Regardless of the names on the contracts, she is entitled to her share of the community assets and debts.
IF you were merely co-tenants, and she did not make reimbursable improvements, then she should not have a claim to title of the home.
If the contract is under your name, then you are liable for the debt. A court cannot remove your name from a legally binding contract - such as a contract to buy a mobile home.
I can't tell if you have a common law marriage. You can live with someone for 20 years and not be married to them.
Did you ever file taxes together, add her to your insurance as your spouse, or something in writing that states you are married. If so, congratulations you have a common law marriage.
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