Hello and thank you for allowing me the opportunity to assist you.

Question: “they told me this was not fraud and that my contract does not state that I can have his name deleted, but that I could try to qualify and assume the loan in my name under a qualified assumption. I want to file charges against him for bigamy/polygamy can I do this?”

Answer: With regard to your mortgage, you should realize that the mortgage does not determine ownership. The deed determines ownership. Therefore, refinancing or otherwise removing your boyfriend’s name from the mortgage will not mean that you are the sole owner of the house. Therefore, you need to have the house redeeded in your name alone. If your boyfriend is willing to cooperate, he can quitclaim the property to you. If you merely remove his name from the mortgage, but not the deed, then he will still be part owner of the property, but only you will be liable for the mortgage, and that is not a situation that you want.

As for the bigamy charge, I realize you’re angry, but I doubt you have any recourse for what has occurred. First, I don’t think your boyfriend legally committed bigamy since he did not actually marry you (in other words, claiming to be married is not quite the same as becoming legally married through a ceremony). Second, since bigamy is a crime, the prosecutor must bring the charges himself. Unfortunately, there is no private cause of action for bigamy.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

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DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

Question: “Are you saying that even in the state of Texas where common law marriages are recognized, I still cannot file charges against him.”

Answer: That’s not exactly what I was trying to say. Here’s what I meant:

Certain requirements must be met in order to be considered common law spouses, and I’m not sure if those requirements were met (as I’m sure you’re aware, it’s not quite as simple as just telling people that you’re married). However, even if the requirements for a common law marriage were met, you don’t personally have a case against your ex. Bigamy is a crime, and therefore, you can’t file charges; the state must file charges. Thus, the best you can do is contact the police/prosecutor and ask if they are willing to file charges. If not, then you have no further recourse since there is no private cause of action for bigamy (i.e. you have nothing to personally sue over).

Does that help clarify?