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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27888
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My significant other and I picked out his first house, he actually

Customer Question

My significant other and I picked out his first house, he actually let me pick it. We worked together for a short time, for his family. It didn't turn out well, I wasn't there long enough to get health ins. He asked me to quit because of the way his family treated me, I went into a deep depression over it and had serious health issues, he insisted on putting me on his health ins as his spouse, for 3 years, things went from bad to worse and he surprisingly canceled my ins last Sept. He consulted an atty last summer and said he would have to divorce me to get me to move, now he is saying this coming weekend he rented a storage and will have move my stuff out of here and have me evicted and escorted out of here. Which will leave me jobless, homeless, with pending health issues, can he do this? Appreciate any advice. We live in Texas.
Submitted: 5 years ago.
Category: Family Law
Expert:  LawTalk replied 5 years ago.

Good morning,

I’m sorry to hear of your dilemma.

Have either of you filed for divorce yet?

I’ll put forth my best effort in assisting you. When you are able to respond to my request for clarification of your situation, I’ll be able to assist you. In the meantime I would ask that you please stay on-line, just in case I need additional clarification from you regarding the factual circumstances relating to your question. Thank you for allowing me to help.

Regards,

Doug


 

Customer: replied 5 years ago.
No neither of us has filed for a Divorce, I'm not sure we have to.
Thanks.
Expert:  LawTalk replied 5 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

First of all, he can not simply demand that you leave the home. Because you are married you have as much right to reside there as he does. If he attempts to kick you out, change the locks etc., call the police immediately.

He will have to file for divorce and then ask the court to order that you leave the residence, if that is what he wants. And, the court may instead tell him to leave pending the final decree in the matter.

Stick to your guns and do not allow him to move either your things or you from the home. If he strikes you, pushes you or otherwise lays a hand on you in anger--immediately call the police and file domestic violence charges against him. Follow that up with a protective order.

I wish you well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

Customer: replied 5 years ago.
The problem is I'm not sure if we are common law married since we don't file taxes together (I haven't worked since he told me to quit so haven't had to file in years), the only thing listing me as his spouse was the health insurance.
Expert:  LawTalk replied 5 years ago.
Good afternoon,

Did you and he follow the following requirements of Texas to become Common Law Husband and wife?

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.
Customer: replied 5 years ago.
I know all of the above from my own research, it will be he said/she said. I've been introduced by his family as their daughter, daughter-in-law, friend, roomie, and by him as his better half, etc.
But the kind of people they are it won't be pretty and they will deny it.
What I am trying to figure out as stated in my original question since last summer he went behind my back rented me a storage, consulted an atty who told him to immeadiately remove any of his valubles from our house,unbegknownst to me, while my stuff fills the house and is fair game. Does he have to file for a Divoce in order to evict me? That was last summer pre Hurricane Ike.
He offered me cash recently to move out only because I think (and I could be wrong) he might be afraid that the house which is now or will be shortly paid off, that if I did tell him to file for a Divorce I may be entitled to part of it. He said if we went that route, which having never been married in his 48 yrs he would be devastated, that I would get far less than what he is offering me. But once again, he's tormenting me, threatening and already reserved another storage, and as stated before said he was going to pack my stuff and move it to storage himself, which he offered to pay for, for 6 months once I am gone, but after last summer I can't trust him to pay it month to month, I could use the 200.00 a month to rent a place. I said No to the storage and he said he would just file papers to have me physically removed.
I just don't know if I have any rights, I know he is fixing to get if he hasn't already some inheritance money, I don't know if he's afraid that I could be entitled to anything. I just want him to be fair, since I have health issues to take care of, vehicle issues and need to be able to at least rent a room somewhere at the least. Are you in Texas? I've researched Texas Family Law but like I said it could come down to he said/she said.
Thanks. I hope you can help. I'm exhausted from the 24/7 verbal battering and tired of researching, while trying to pack up things to give away, I did ask that he allow me to at least garage sale the things I've had set aside for ebay and craigslist but he is fixing to disconnect my internet and home phone. That was a "No" to the garage sale, he said it could be called a "moving sale" but I don't trust the wording of that either.
Expert:  LawTalk replied 5 years ago.
Good morning,

Thank you for the detailed explanation of what has been going on.

However, unless you answer the critical question that I asked of you--which will allow me to determine whether you and he ARE married under the Informal Marriage statute of the State of Texas--I am unable to give you a useful Answer to your dilemma.


1. Did the two of you EVER agree to be married to each other?
2. Did you and he tell other people (both friends and family) that you were married. Did he refer to you as his wife and did you refer to him as your husband? Not every single time but at least occasionally. Did you or he routinely correct people who thought that you two were married by telling them "No, we aren't married."?
(It doesn't matter what his family called you, or even if they knew there was no marriage ceremony. What matters is how you and he acted.
3. You have lived under the same room together, slept in the same bed in the State of Texas, correct.

4. Now this is not mandatory in Texas, but did you and he ever file a form from the Bureau of Vital Statistics, which is available at your county clerk's office, telling the State of Texas that you and he considered yourselves married?.

Please respond to each of the questions/issues I have set out above.

Thanks

Doug

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