Common law in Texas?

[TracieHenry]

Question: Do I need to get a divorce from a common law marriage in order to NOT be liable for our house?

Background:
I was with my exboyfriend for 12 years, lived together for 5/6 years. I decided to leave the relationship (and the house that we bought together). When I left, I changed all the bills into his name, but left my name on the mortgage.

Well recently, I inquired through the mortgage company how to get off the mortgage (it's still on my credit report). They said to have my name take off the deed and send them 50.00. I did that, and then they sent my information to my ex asking for more information. So I called the mortgage company again, asking what they needed. THEN they say I will still be liable for the house unless he refinances.

Some people that I've talked to (friends, etc) said talk to a lawyer. Well the lawyer I talked to didn't know much and said to talk to a real estate broker.

Grrr. I plan to get married and buy another house next year, and this is a little frustrating.

Thanks for your advice....

 

[LegalBeagle]

Question: Do I need to get a divorce from a common law marriage in order to NOT be liable for our house?

Background:
I was with my exboyfriend for 12 years, lived together for 5/6 years. I decided to leave the relationship (and the house that we bought together). When I left, I changed all the bills into his name, but left my name on the mortgage.

Well recently, I inquired through the mortgage company how to get off the mortgage (it's still on my credit report). They said to have my name take off the deed and send them 50.00. I did that, and then they sent my information to my ex asking for more information. So I called the mortgage company again, asking what they needed. THEN they say I will still be liable for the house unless he refinances.

Some people that I've talked to (friends, etc) said talk to a lawyer. Well the lawyer I talked to didn't know much and said to talk to a real estate broker.

Grrr. I plan to get married and buy another house next year, and this is a little frustrating.

Thanks for your advice....

Tis true.. until he refinances, you will remain on the mortgage, only now you are off the deed. You need to speak with a Real Estate attorney on how you can try and force him to refinance or force a sale of the home. Post your question on the Real Estate Board for a 'better' answer.




Common Law Marriage in 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.