Removing common law husband from apartment and he is not on lease

[Sylvia68]

Texas - I am common law married and we both live in an apartment. I am the only one on the lease. He does not work, doesn't want to work after asking him to help with the bills. We constantly fight and it is not good for my son. How do I get him to leave the apartment if he does not want to leave?

 

[Zigner]

You can ask for sole use of the marital home during your divorce proceedings.

 

[Sylvia68]

You can ask for sole use of the marital home during your divorce proceedings.

What if I need him gone quickly? Divorce proceedings take a long time. I do not feel comfortable with him there. He picks a fight with me in the morning and then tells me to find a ride to work.

 

[PayrollHRGuy]

What if I need him gone quickly? Divorce proceedings take a long time. I do not feel comfortable with him there. He picks a fight with me in the morning and then tells me to find a ride to work.

It is the marital home. Unless these fights are physical and you get him arrested and thrown in jail there really isn't a way to get him out.

 

[stealth2]

What if I need him gone quickly? Divorce proceedings take a long time. I do not feel comfortable with him there. He picks a fight with me in the morning and then tells me to find a ride to work.

So.... how will you get to work when he's gone?

 

[Sylvia68]

So.... how will you get to work when he's gone?

I have family helping me out right now. I'll be purchasing a car in my name next month

 

[stealth2]

I have family helping me out right now. I'll be purchasing a car in my name next month

I guess I don't see how his moving out changes that situation. If you are afraid of him, perhaps the same family could help you out temporarily with a place to stay?

 

[Sylvia68]

I guess I don't see how his moving out changes that situation. If you are afraid of him, perhaps the same family could help you out temporarily with a place to stay?

The apartment is under my name. I pay the bills. I feel he should leave. Why should I get evicted if I stop paying rent just to get him out. It will ruin my credit.

 

[stealth2]

The apartment is under my name. I pay the bills. I feel he should leave. Why should I get evicted if I stop paying rent just to get him out. It will ruin my credit.

Yet this is what you chose. You need to evict him legally.

 

[Sylvia68]

Thank you. I am just asking for advice. I didn't know eviction was an option.

 

[adjusterjack]

Texas - I am common law married

Are you common law married?

Texas doesn't have common law marriage. It has "Marriage Without Formalities" which is addressed by statute. Scroll down to Subchapter E and start reading at 2.401.

https://law.justia.com/codes/texas/2017/family-code/title-1/subtitle-a/chapter-2/

 

[Sylvia68]

Are you common law married?

Texas doesn't have common law marriage. It has "Marriage Without Formalities" which is addressed by statute. Scroll down to Subchapter E and start reading at 2.401.

https://law.justia.com/codes/texas/2017/family-code/title-1/subtitle-a/chapter-2/

We file taxes together as husband and wife AND we have signed a declaration of marriage for the state in order for him to receive a Gold Card to help with medical problems

 

[adjusterjack]

We file taxes together as husband and wife AND we have signed a declaration of marriage for the state in order for him to receive a Gold Card to help with medical problems

Then you are not common law married. You are MARRIED. Period. And you'll have to file for divorce to get him out. In your petition you can seek possession of the home and if the court awards it he will have to leave or, eventually, put out by order of the court.

You really need to see a lawyer without delay.

 

[LdiJ]

Then you are not common law married. You are MARRIED. Period. And you'll have to file for divorce to get him out. In your petition you can seek possession of the home and if the court awards it he will have to leave or, eventually, put out by order of the court.

You really need to see a lawyer without delay.

I believe that TX calls it an informal marriage. I agree that they need to get divorced, but its not the same as a formal marriage.

 

[FlyingRon]

The only thing "informal" about it is that it lacks a ceremony. Once they file their declaration they are indeed as married as those with a formal ceremony.