Legal Question in Family Law in Texas

Hello, my mother believes she signed a Declaration of Informal Marriage. They are both on the lease/mortgage of the house but she pays for everything. She suspects him of cheating and wants to know if she can, badly said, kick him out of the house. I am wondering if under Texas law she can do this? And if not what she needs to do to end the relationship, whether it needs to be an anullment, divorce or proof that he is cheating. She doesn't have proof yet but she's working on it. Basically my question is if the house is in both their names but she pays for everything can she throw him out of the house under this agreement. With or without proof of the infidelity. Thanks!


Asked on 7/21/10, 6:08 am

1 Answer from Attorneys
TC Langford Langford Law Office

She will need to file for divorce, and ask the court to award her temporary possession of the house. Infidelity may be a factor in the division of property and debts, but so will her contribution to the marital estate, and his lack of contribution. She can't just 'kick him out'. He has a legal right to be there, until a judge tells him otherwise. Your mom should retain a lawyer.

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Answered on 7/21/10, 9:33 am


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