Legal Question in Real Estate Law in Texas

I live in Texas and have been involved with a woman for over 15yrs. We have lived together for the large majority of that time (including now). I am aware that Texas is a common law state, and when it seemed convenient we have presented ourselves as married (that is, she would refer to me as "my husband" and vice-versa), though we have not officially married. Recently, I encountered financial difficulties (maybe 8 mo ago), and then became unemployed a couple of months ago. I have not for much of that time been able contribute to the bills or rent (at least not to the degree I always had). I did however pay all the rent and the majority of the bills in the house where we have lived for the last5 of 6 years. The house is in her name alone, as when we had it built her credit was by far superior to my own. We knew my name being on the loan would hinder or make getting the loan impossible.

The problem now is that she has had a change of heart about the relationship and says she wants me to leave "her" house. What I'd like to know is if I have no rights in the matter; to the house, in spite of having paid for it for so long... Any guidance you can provide is greatly appreciated.


Asked on 3/08/11, 8:28 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Sue her for divorce, and allege an informal marriage. Ask the court to divide your community property.

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Answered on 3/10/11, 3:00 pm


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