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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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I am in the State of Texas, and my boyfriend and I did not

Customer Question

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: 7 years ago.
Category: Family Law
Expert:  Lady Themis replied 7 years ago.

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.



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Customer: replied 7 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.
Expert:  Lady Themis replied 7 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.



Customer: replied 7 years ago.
He probably would do that. He hasn't been violent.
Expert:  Lady Themis replied 7 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.