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Living with boyfriend and things not going well

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What is the name of your state (only U.S. law)? TX
Ok.....my boyfriend and I have lived together for almost four years. The home we live in is only in his name. He purchased it just after we started living together. I have a child, but we have no children together. Things have not been going well lately and I want to know if I have any rights to anything if things end?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? TX
Ok.....my boyfriend and I have lived together for almost four years. The home we live in is only in his name. He purchased it just after we started living together. I have a child, but we have no children together. Things have not been going well lately and I want to know if I have any rights to anything if things end?

Sorry, not a darned thing.

(Well, you have a right to your possessions - but absolutely no rights to his property or any equity)
 

Ladyback1

Senior Member
What is the name of your state (only U.S. law)? TX
Ok.....my boyfriend and I have lived together for almost four years. The home we live in is only in his name. He purchased it just after we started living together. I have a child, but we have no children together. Things have not been going well lately and I want to know if I have any rights to anything if things end?
IF your relationship qualifies as a common law marriage under TX law, you might have some claim to "marital" property since Texas is a community property state. But, you'd be better off seeking counsel with a family law/divorce attorney in Texas...
 

ecmst12

Senior Member
This is NOT a common law marriage. OP said it's her BOYFRIEND. One of the requirements of a common law marriage is holding yourselves out to the community as married. This already fails that requirement.
 

Ladyback1

Senior Member
This is NOT a common law marriage. OP said it's her BOYFRIEND. One of the requirements of a common law marriage is holding yourselves out to the community as married. This already fails that requirement.
SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES

Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:

(1) a declaration of their marriage has been signed as provided by this subchapter; or

(2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.


I'm not in Texas, are you?

Depending on where I am and who I'm speaking to--I refer to my common law husband as my boyfriend (and I usually refer to him as my kids step-dad)
 

Proserpina

Senior Member
SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES

Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:

(1) a declaration of their marriage has been signed as provided by this subchapter; or

(2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.


I'm not in Texas, are you?

Depending on where I am and who I'm speaking to--I refer to my common law husband as my boyfriend (and I usually refer to him as my kids step-dad)

Under § 2.401 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a three-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married.
You're not quite there, Ladyback.

A boyfriend is CLEARLY not a husband.

Did they file taxes together? Did they present themselves as husband and wife?
 

latigo

Senior Member
SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES

Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:

(1) a declaration of their marriage has been signed as provided by this subchapter; or

(2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.


I'm not in Texas, are you?

Depending on where I am and who I'm speaking to--I refer to my common law husband as my boyfriend (and I usually refer to him as my kids step-dad)
Why is it that in Texas if you are single but act like you are married you are married, but if you are married and act like you are single, you are still married?

Like Pee Wee said, "Laws can be so unfair" (Or something like that.).
 
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olivecooper

Junior Member
Well..as you mentioned the home was purchased by your boyfriend than that is his property and And you are not legally married. So I suggest you to hire a lawyer he will give you best advice and alternate for your problem.
 

Ohiogal

Queen Bee
Well..as you mentioned the home was purchased by your boyfriend than that is his property and And you are not legally married. So I suggest you to hire a lawyer he will give you best advice and alternate for your problem.
Actually Texas has common law marriage -- she refers to him as her boyfriend but boyfriend and girlfriend cannot file taxes together. So the key is how did they do that? Was it under the guise of married? If most people know them as married, how is that? Please sit back and learn. I know you are trying to help but you don't know a lot about the law -- at least it is not present in your postings.
 

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