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I am in the State of Texas, and my boyfriend and I did not

Customer Question
have a ceremonial marriage, however...
I am in the State of Texas, and my boyfriend and I did not have a ceremonial marriage, however I would like to end the relationship, and we have been living together for over two years. Would I have to get a legal divorce before can leave my home, or can I just file an eviction?
Submitted: 8 years ago.Category: Family Law
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12/1/2009
Family Lawyer: Lady Themis, Lawyer replied 8 years ago
Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7,751
Experience: Divorce, child custody, child support, etc.
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Thank you for your question.

 

The fact that you lived together does not establish a common law marriage unless you also agreed to be married and represented to others that you were married. If that is the case, you can file for divorce of the common law marriage and ask for exclusive possession of the home. Otherwise, you can evict him.

 

 

Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7,751
Experience: Divorce, child custody, child support, etc.
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Customer reply replied 8 years ago
We have presented ourselves that we were husband and wife, his friends, my friends as well, and family. There is nothing I can do? Even though the home, and all the bills are in my name, other than to file for a divorce.
Family Lawyer: Lady Themis, Lawyer replied 8 years ago

If you file an eviction and your ex tells the court that you are common law married, the court may dismiss the case and you will have to go to family court. You can try that avenue, but that is what may happen. Also, if he is physically violent at all, you can always contact the police to have him removed.

 

 

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Customer reply replied 8 years ago
He probably would do that. He hasn't been violent.
Family Lawyer: Lady Themis, Lawyer replied 8 years ago

In that case, you may want to bring divorce proceedings and immediately file a motion for exclusive possession of the home, to be heard and decided by the court before the divorce is finalized.

 

 

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