Legal Question in Family Law in Texas

Re: Getting money back from common law husband

You can sue him in civil district court. You did not state how much money is involved. If it is not much money, the attorney's fees might be more than the money you gave him.

Of course, you can certainly sue him in small claims court without an attorney. You need to go to the court closest to your home and find out the court's procedure. Watch t.v. and you will get an idea of what you need to do and say.

Even if you win, you will get a judgment. If he does not have any assets that you can "attach" --then you might just have a lovely piece of paper to hang on your wall.

I'm not sure that you will win -- but you might feel better.

It sounds like he will claim that you voluntarily gave him the money -- as a gift.

I assume that you did not have him sign an paperwork promising to repay you.

Good luck!