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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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my wife and i got devorced in texas around 8 years ago and

Customer Question

my "wife" and i got devorced in texas around 8 years ago and then around 1 1/2 years later after the devorce we got back together, we bought a house but it is in my name because she had no credit, but now things are getting sour again. i want her to leave but she says i cant make her. she will leave when she's ready. what can i do?
Submitted: 6 years ago.
Category: Family Law
Expert:  Lady Themis replied 6 years ago.

Do you consider yourselves common law married at this point?

 

 

Customer: replied 6 years ago.
well up until today we had a joint bank account. ive listed her as "wife" on serveal documents so maybe the "law" sees it that way but at this minute i dont.
Expert:  Lady Themis replied 6 years ago.

If a couple doesn't agree to be married and hold themselves out as married, they are not common law married in Texas.

 

The law would most likely consider a person who is more than just a temporary guest a tenant, and therefore, the process would be to evict the person through forcible detainer proceedings. A written demand for possession must be provided (a "notice to vacate"), and if the person fails to vacate at the expiration of the notice, a suit can be filed to determine who is entitled to possession. The process requires strict adherence to timelines and service of process requirements, and it is always best to go through an attorney.

 

I hope this information is helpful. Please let me know if you have any follow up questions.

 

Customer: replied 6 years ago.
ok so your saying that even though i put her down as my wife on several documnets if i dont consider myself married to her then we're not? even though she may consider herself married to me? also can attorneys be hired just for this sort of thing as in just serving the person with a written demand to vacate and follow through with any proceedings necessary if there is non compliance? or will it be considered a "whole package as in "divorce package"?
Expert:  Lady Themis replied 6 years ago.

ok so your saying that even though i put her down as my wife on several documnets if i dont consider myself married to her then we're not? even though she may consider herself married to me?

 

In Texas, informal marriage is established only if they either sign a declaration of marriage or if they both agree to be married and after the agreement they lived together as husband and wife and represented to others that they were married. (Texas Family Code 2.401).

 

also can attorneys be hired just for this sort of thing as in just serving the person with a written demand to vacate and follow through with any proceedings necessary if there is non compliance? or will it be considered a "whole package as in "divorce package"?

 

An attorney may charge hourly for this service. Per the rules of professional conduct, an attorney cannot charge for work not performed. If the attorney only has to write a demand to vacate and nothing else, the client should only be charged for that.



Edited by Lady Themis on 9/1/2010 at 12:50 AM EST
Customer: replied 6 years ago.
ok thanks for your help. one last question though, is there a reputable divorce attorney thats reasonable priced in the houston area that you know of?
Expert:  Lady Themis replied 6 years ago.

I'm sorry, but per site rules, I cannot refer you to a particular attorney. Here is a link to the Houston Lawyer Referral Service:

 

http://www.hlrs.org/