<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by EAB:
Divorced in 1997 in Texas due to domestic violence and he was charged with ass. w/ bodily inj. to family member. I was awarded the house. We have a 4 yr. old daughter. He went to counseling and swore he had changed. Stupid me gave him another chance to be with his daughter. Abuse has started again and is worse. I want him out of my house and he refuses to leave saying that he does not have to b/c we are common law now and divorce decree is voided--have lived together for approx. 2 years. Talked to a lawyer and they said he probably could make me go through another divorce. I did not report the violent incidents right away either--dumb me. Am planning on trying the eviction process--any suggestions??<HR></BLOCKQUOTE>
My response:
While the great State of Texas is a "common law" marriage State, common law status is not automatic, no matter how much time has elapsed. In order to obtain common law status, papers must be filled out and signed in your city hall. Without those papers being on file, your status is nothing more than "shacking up."
He is also very wrong about the previous court orders, as only a court can "void" a judgment. Since the house is yours, have him served with a 30 day Notice to Vacate the premises. When he fails to leave, you'll have to sue him for Unlawful Detainer. When he loses in court, you can have a law enforcement agent physically eject him from the premises. You should also immediately obtain a Restraining Order to keep him away from you and the children due to his continuing violent nature.
See an attorney as soon as possible.
IAAL
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