Single mother, needs advice

What is the name of your state? Texas
I live in Dallas Texas. I am currently in a situation where Ive been with a man for two years now, we have property together (a car which I co-signed for) and he has now left us, no money, no car- he took it, bad job- he convinced me to quit my job to stay home and take care of the kids... that he would take care of us, and when this month is over no home. He tried several times to rape me and actually accomplished that task last Sunday... he had moved most of our stuff to his friends but still had a key and the right to come in since he's on the lease too... I would wake up and he would be there, hovering over me, telling me I had to work off some of my room and board with my body. I am afraid to file a report, who knows what he would do to me. I want to file for a common law marriage divorce, but all in all, im scared... I feel like I deserve a couple of months of assistance from him to get back to where I was when we got together, before I changed my life to be what he wanted. Is there any thing I can do? Am I just feeling sorry for my self, should I press charges? Should I try and get the car- I let the car I had in my name go because we couldnt afford it and he said we only needed one car, that 'our' car was enough, now he walks away with it? What should I do? Is there any advice? By the way- the kids I mention is one 3 years old, not his but she thinks he is her daddy (he has been there since she was young), and another which I lost two weeks ago in my second trimester. Thank you.

Originally posted by kaylame78
What is the name of your state? Texas
I live in Dallas Texas. I am currently in a situation where Ive been with a man for two years now, we have property together (a car which I co-signed for) and he has now left us, no money, no car- he took it, bad job- he convinced me to quit my job to stay home and take care of the kids... that he would take care of us, and when this month is over no home. He tried several times to rape me and actually accomplished that task last Sunday... he had moved most of our stuff to his friends but still had a key and the right to come in since he's on the lease too... I would wake up and he would be there, hovering over me, telling me I had to work off some of my room and board with my body. I am afraid to file a report, who knows what he would do to me. I want to file for a common law marriage divorce, but all in all, im scared... I feel like I deserve a couple of months of assistance from him to get back to where I was when we got together, before I changed my life to be what he wanted. Is there any thing I can do? Am I just feeling sorry for my self, should I press charges? Should I try and get the car- I let the car I had in my name go because we couldnt afford it and he said we only needed one car, that 'our' car was enough, now he walks away with it? What should I do? Is there any advice? By the way- the kids I mention is one 3 years old, not his but she thinks he is her daddy (he has been there since she was young), and another which I lost two weeks ago in my second trimester. Thank you.

Texas does recognize informal [common law] marriages provided that all three prongs of the informal marriage are proven.

Separate Maintenance after three years of failure in the legislation was passed under very limited circumstances. The only shot that you have at separate maintenance --provided that you clear the first hurdle of proving an informal marriage-- is if he is convicted [note that is a final conviction not an allegation] or received a deferred adjudication of an offense which constitutes domestic violence while the suit is pending. [The wheels of justice grind slowly and even more slowly in criminal cases.] Separate Maintenace is limited in time and in amount and is not a favorite in Texas. [Which is reflected in the years it took to ever get passed and upon the limitations which were placed upon it to get in passed.]


As to the car, there is ownership (reflected on the title) and there is debt (reflected in the loan). Most cars are upside down in value. That is more is owed on the car than what the car is worth ( FMV). However, he who takes the car takes the debt which goes with it because the person who is not driving the car is not motivated to make the payments--i.e. they don't care whether the car is repossessed. The court, however, cannot force the lender to remove a debtors name from the loan because the lender is not a party to the lawsuit. While a party can ask the lender to remove their name, I have never seen a lender agree to take off any co-signor because it isn't in their interest to do so.

No child [living] was born or adopted of the marriage and so custody and support are not issues.

Thank you for your help. Im still not sure what I should do, if even I should file rape charges or just let it go.
Off the subject, my grandmothers knick-name used to be BoxCarBirtha. Have a good one.