Property Settlement-Common Law Marriage?

[Texas52]

What is the name of your state? Texas
I know that Common Law Marriage is recognized in the state of Texas. The question is, when this relationship is to be dissolve, (couple has been living together for past 6 years, bought a house together 2 years ago), is a divorce needed? Also, regarding the house, how can the property be disposed of if one of the partners has stated he will not give up the home? How can she free herself of any financial obligation to the property? Can she just sign over her 1/2 of the house to him, does this need to be stated in the divorce papers (if filing is necessary)? They have no children together. She just basically wants to get out of the relationship and get away from the property free and clear. What does she need to do? Any help or advice is greatly appreciated. Thank you.

 

[seniorjudge]

Q: is a divorce needed?

A: Yes.


Q: Also, regarding the house, how can the property be disposed of if one of the partners has stated he will not give up the home?

A: The court will decide.


Q: How can she free herself of any financial obligation to the property?

A: Pay off her share of the indebtedness.


Q: Can she just sign over her 1/2 of the house to him

A: Yes, if there is enough equity to pay off her share of the indebtedness.


Q: does this need to be stated in the divorce papers (if filing is necessary)?

A: Yes, it will need to be in the judgment in the lawsuit.


Q: What does she need to do?

A: Get a lawyer and file for divorce.

 

[LdiJ]

What is the name of your state? Texas
I know that Common Law Marriage is recognized in the state of Texas. The question is, when this relationship is to be dissolve, (couple has been living together for past 6 years, bought a house together 2 years ago), is a divorce needed? Also, regarding the house, how can the property be disposed of if one of the partners has stated he will not give up the home? How can she free herself of any financial obligation to the property? Can she just sign over her 1/2 of the house to him, does this need to be stated in the divorce papers (if filing is necessary)? They have no children together. She just basically wants to get out of the relationship and get away from the property free and clear. What does she need to do? Any help or advice is greatly appreciated. Thank you.

Seriously...she needs to get an attorney and file for divorce. Even if the common law marriage doesn't end up being recognized, she needs the court action to resolve the issue of the house. Not only to ensure that she is released from financial obligation towards the house, but also to make sure that she gets her fair share of any equity/appreciation.

 

[nextwife]

Q: How can she free herself of any financial obligation to the property?

A: Pay off her share of the indebtedness.


Q: Can she just sign over her 1/2 of the house to him

A: Yes, if there is enough equity to pay off her share of the indebtedness.

Sorry, SeniorJudge, but I disagree with you on this point.

First, as long as a mortgage for which she is coborrower remains she remains equally responsible for the debt. She CANNOT "pay off" her "share" of the indebtedness. Until the entire loan is paid off, or refinanced, her credit score is negatively impacted, and she also runs the risk the remaining owner will default- in which case a default judgement, foreclosure, etc can all mess up her credit.

And no way would I ever want to see anyone sign over their interest if a mortgage remains for which they are a co-borrower. She should ONLY QC when he sells or refinances.

 

[seniorjudge]

Sorry, SeniorJudge, but I disagree with you on this point.

First, as long as a mortgage for which she is coborrower remains she remains equally responsible for the debt. She CANNOT "pay off" her "share" of the indebtedness. Until the entire loan is paid off, or refinanced, her credit score is negatively impacted, and she also runs the risk the remaining owner will default- in which case a default judgement, foreclosure, etc can all mess up her credit.

And no way would I ever want to see anyone sign over their interest if a mortgage remains for which they are a co-borrower. She should ONLY QC when he sells or refinances.

You are correct, of course. My answer was not clear.

 

[zippysgoddess]

Requirements for a Common Law marriage in Texas to be recognized:

"Texas: A man and woman who want to establish a common-law marriage must sign a form provided by the county clerk. In addition, they must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married."


However, you will still need to follow the advice of everyone else on here to protect yourself in the split up.