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wooddirk

Member
What is the name of your state (only U.S. law)? TEXAS



A friend of mine is engaged and living together with her fiancé for over nine years.

They have separate accounts.

He also loaned her money for a car and she is paying that of and he accept only cash as payments

Also she is paying in cash her shares in living costs etc etc.

My question is: Does she has any legal rights after nine years together unmarried or can she be send down he road with nothing and have been taking advantage of ?

In answer will be appreciated,TX
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? TEXAS



A friend of mine is engaged and living together with her fiancé for over nine years.

They have separate accounts.

He also loaned her money for a car and she is paying that of and he accept only cash as payments

Also she is paying in cash her shares in living costs etc etc.

My question is: Does she has any legal rights after nine years together unmarried or can she be send down he road with nothing and have been taking advantage of ?

In answer will be appreciated,TX
If she wanted the benefits of marriage, she would have gotten married.
 

Silverplum

Senior Member
Texas. If a man and woman in Texas sign a form provided by the county clerk, agree to be married, cohabitate, and represent to others that they are married, a common law marriage exists.

http://family.findlaw.com/marriage/living-together/common-law-states(1).html
 

wooddirk

Member
Texas. If a man and woman in Texas sign a form provided by the county clerk, agree to be married, cohabitate, and represent to others that they are married, a common law marriage exists.

Common Law Marriage States - Divorce & Family Law Center
Ty Silver this is the answer I was looking for.
I know she did NOT sign such a piece of paper but they are officially engaged and exchanged a ring and he promised to marry her in front of family and friends would that also stand for a common law marriage?
 

Zigner

Senior Member, Non-Attorney
Ty Silver this is the answer I was looking for.
I know she did NOT sign such a piece of paper but they are officially engaged and exchanged a ring and he promised to marry her in front of family and friends would that also stand for a common law marriage?
No, that would be enough for an engagement.

Did they file tax returns together. Did they ever claim (to others) to be married?
 

wooddirk

Member
I agree with Zig. It's an engagement.
So the situation is that she needs to get married or have him sign a piece of paper or hit the road and start all over again on herself as I understand.
Not a nice deal.
I appreciate the answers and whis I could tell her something better.
 

xylene

Senior Member
Also

Marriage is NOT retroactive

Whatever the inequities before the marriage, getting married does not mean the previous nine years of cohabitation would entitle her to anything.

ALSO - I fail to see were she is being taken advantage of.

Her partner loaned her money - that is not being taken advantage of - even if he insist on cash

She is not being taken advantage of by paying her share of living expenses in cash.

She is not being taken advantage of by paying rent to live in a house the partner owns.

That is what she is doing - paying rent. She does not have any entitlement to equity as a result of paying rent to a partner. She would have to have been married for that to occur or they would have to had a formal legal agreement. They don't - so SOL.

And when / if they marry, those 9 years of rent - still rent. It doesn't convert to equity.
 
Last edited:

Isis1

Senior Member
In simple words her boy friend is a YERK
okay..i'll bite. is boyfriend deciding to break off the engagement? or is girlfriend thinking of breaking it off but is on the fence is she has to start all over from the bottom with nothing?
 

xylene

Senior Member
girlfriend thinking of breaking it off but is on the fence as she has to start all over from the bottom with nothing?
That was my thinking.

I'm not so sure she was getting yerked around...

And btw poster, your friend still needs to pay off the car loan - if she leaves him for a reason or not, even if he 'sends her packing'.
 

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