Removal from Home under My Name

I recently moved into a new apartment with my children. My common law husband has not been staying there in the evenings but does watch the children during the day. Everything is in my name and he is not even included on the lease. Things between us have gotten increasingly worse. He has abused me in the past, but not recently. However, this morning he was passing me in the hall and I accidently shoved him. He told me he was going to call the police and press charges on me for assault. I don't believe that he will do this, but regardless I want him removed from my home. How can I go about this? Also, if he did call the police and press assault charges on me will this hurt me in a custody battle. I have photos on record at a hospital and a battered women's shelter of the abuse he has done to me.

Tiffany said:

I recently moved into a new apartment with my children. My common law husband has not been staying there in the evenings but does watch the children during the day. Everything is in my name and he is not even included on the lease. Things between us have gotten increasingly worse. He has abused me in the past, but not recently. However, this morning he was passing me in the hall and I accidently shoved him. He told me he was going to call the police and press charges on me for assault. I don't believe that he will do this, but regardless I want him removed from my home. How can I go about this? Also, if he did call the police and press assault charges on me will this hurt me in a custody battle. I have photos on record at a hospital and a battered women's shelter of the abuse he has done to me.

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My response:

Do you see that writing in RED up there? Without your State name, or the name of the State where the problem happened, it would be difficult to assist you. Laws are different everywhere.

IAAL

I apologize I live in Dallas Texas.

Tiffany

My response:

Did you have your "common law" marriage registered with the City Clerk's office in Texas? If you didn't, you don't have a common law marriage; i.e., you're a single woman.

To get him out (assuming you're not married), you follow the landlord/tenant laws of your State and have him removed.

IAAL

No I did not register anything. Thank you very much for the advice I appreciate it.

Tiffany

Tiffany said:

No I did not register anything. Thank you very much for the advice I appreciate it.

Tiffany

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My response:

Good. Now, go get a book on Landlord / Tenant laws for Texas.

If you were in Colorado, that would be a different story. In Colorado, all you have to do is breath sideways, and your married.

Do you think Jack Tripper of "Three's Company" was married to both of his live-in female roommates? That show must have confused the hell out of a lot of people in different Common Law States.

What do you think?

IAAL