tx common law marriage rights

[sowsucker]

Tx.
After 13 yrs of common law marriage I'm being asked to leave. Do I have rights although everything is in his name?
I came into this relationship with a car, a place to live and a job. Now I'm expected to walk away with the clothes on my back? We have bought a house (in his name) he opened his own company (in his name) and has been my workplace ever since the day he opened it ( as an employee ) I dont even have a vehicle in my name.

Do I need to get a lawyer? Do I have any rights here? This is my entire life my house, my car, my job.
He said I could take my car and he'd finish the payments on it, I can't trust that.

 

[Zigner]

You can review the following site to confirm that you actually are "common law" married: http://www.co.travis.tx.us/dro/common_law.asp

I would suggest that you seek the assistance of a local family law/divorce attorney.

 

[TheGeekess]

Tx.
After 13 yrs of common law marriage I'm being asked to leave. Do I have rights although everything is in his name?
I came into this relationship with a car, a place to live and a job. Now I'm expected to walk away with the clothes on my back? We have bought a house (in his name) he opened his own company (in his name) and has been my workplace ever since the day he opened it ( as an employee ) I dont even have a vehicle in my name.

Do I need to get a lawyer? Do I have any rights here? This is my entire life my house, my car, my job.
He said I could take my car and he'd finish the payments on it, I can't trust that.

Q: What makes a common law marriage?

A: Three elements must be present to form a common law marriage in Texas.

First, you must have "agreed to be married."
Second, you must have "held yourselves out" as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as "my husband," or you may have filed a joint income tax return.
Third, you must have lived together in this state as husband and wife.

Q: How can I get out of a common law marriage?

A: Common law marriage may end in two ways. If there have been children or if property and debts remain undivided, you will want to seek a formal divorce. In a divorce, paternity, custody, support, and visitation can be determined, and debts and community property can be divided.

Under a new provision of the Family Code, either partner in a common law marriage has two years after you split up to file an action to prove that the marriage did exist. In order to fit into this provision, you must have separated after September 1, 1989.

Both partners in a common law marriage are responsible for debts and for care and support of children of the marriage. It is therefore urgent that you discuss the ending of this marriage with an attorney. You have a choice of methods, but they all require you to act within a certain length of time. However, even if the time has expired for you to obtain a divorce, other steps can be taken to get orders for payment of child support and visitation for children of the marriage.

http://www.co.travis.tx.us/dro/common_law.asp

 

[Silverplum]

Tx.
After 13 yrs of common law marriage I'm being asked to leave. Do I have rights although everything is in his name?
I came into this relationship with a car, a place to live and a job. Now I'm expected to walk away with the clothes on my back? We have bought a house (in his name) he opened his own company (in his name) and has been my workplace ever since the day he opened it ( as an employee ) I dont even have a vehicle in my name.

Do I need to get a lawyer? Do I have any rights here? This is my entire life my house, my car, my job.
He said I could take my car and he'd finish the payments on it, I can't trust that.

Did you, as a couple, meet the standards for common law (informal) marriage in TX? That's the first question.
http://texaslawhelp.org/resource/informal-common-law-marriage-1

http://www.dshs.state.tx.us/vs/marriagedivorce/mdfaq.shtm

 

[Antigone*]

I suggest that you don't leave your home.

 

[sowsucker]

common law

Yes. I have reviewed the laws in reference to common law.

 

[Silverplum]

I stopped to do something else before posting, and voila!

 

[ecmst12]

Then you need to hire a lawyer and file for divorce.

 

[Silverplum]

I suggest that you don't leave your home.

It appears to be his home. She's a tenant and can hold out for a formal eviction notice, but that won't buy her anything but time.

 

[Silverplum]

Yes. I have reviewed the laws in reference to common law.

Saying you reviewed the laws is not the same as saying you met the legal standard. If you did meet the standard, see an attorney. If you didn't, you don't even have that option.

 

[sowsucker]

my question

Saying you reviewed the laws is not the same as saying you met the legal standard. If you did meet the standard, see an attorney. If you didn't, you don't even have that option.

I guess my question is more about my rights to everything due to the fact it's all in his name?

 

[Zigner]

It appears to be his home. She's a tenant and can hold out for a formal eviction notice, but that won't buy her anything but time.

It's the marital home - she's not a tenant.

 

[ecmst12]

IF you have a valid common law marriage, then you have the same rights as any spouse - the house would be community property regardless of whose name is on it, and it would be the marital home that you have the right to live in until a judge says otherwise. But you really need a lawyer to evaluate the situation and enforce any rights that you have.

There is NO legal process that will force him to continue employing you at his business though.

 

[Sheriff10]

IF you have a valid common law marriage, then you have the same rights as any spouse - the house would be community property regardless of whose name is on it, and it would be the marital home that you have the right to live in until a judge says otherwise. But you really need a lawyer to evaluate the situation and enforce any rights that you have.

There is NO legal process that will force him to continue employing you at his business though.

If you have a valid common law marriage and community property laws apply, why would you consider the business solely his?

 

[Bali Hai]

I stopped to do something else before posting, and voila!

How much vodka did you add to the pitcher?