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My boyfriend kicked me out yesterday, and we've lived

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together for 6 years we...
My boyfriend kicked me out yesterday, and we've lived together for 6 years we have joint accounts and I have two children from a previous marriage who also he kicked out. I also worked for him and he is not letting me enter the building. Please help me know if I have any rights as I'm out trying to find a job and I have very limited family support.
Submitted: 1 year ago.Category: Family Law
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8/24/2016
Family Lawyer: originallawyer, Family Law Attorney replied 1 year ago
originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 905
Experience: 9+ years of experience in divorce, custody battles and mediation.
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Family Lawyer: originallawyer, Family Law Attorney replied 1 year ago

Hello:

I have some questions that I need to ask to better understand your situation.

1. Are you on the lease for your apartment or home if you are renting?

2. Did you ever tell anybody you were married, or agree to live together like you were married?

3. Do you currently have access to the money in your joint account? Did you contribute any money to that joint account?

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Customer reply replied 1 year ago
No I'm not on any lease he owns the house. Yes many people recognized us as a married couple including his family referring me to his sister in law all the time. Our accounts are all joint
Family Lawyer: originallawyer, Family Law Attorney replied 1 year ago

Okay:

You have two possible scenarios here.

One: You might try to prove that you had a common law marriage. In order to have a common law marriage in Texas, you have to do the following. 1) Agree to be married. 2) Tell others you are married. 3)Live together. It sounds like right now you may meet two out of the three, but you have to meet all three. A Judge would have to agree that there was a common law marriage.

If you can prove a common law marriage, then you would have to file for divorce to exercise your rights as a spouse.

If your boyfriend bought the home before your common law marriage started, then you would not have any rights to stay in the home.

If a common law marriage is found, you would have a right to a just and right division of any property that was purchased or income that was earned during your marriage. Since the children are not his, he would not be required to pay any child support for them. Since you've only been together for 6 years, even if a common law marriage was found, you would not get any spousal support because Texas requires that the marriage be at least 10 years long before spousal support is granted unless the paying spouse was convicted of family violence against the non-paying spouse.

The second scenario would be if a Judge did not find that there was a common law marriage. Texas does not have the concept of palimony, or support after a long term relationship ends. So, if your boyfriend owns the home, he may evict you and your children legally. He would not have to support you. You would only be able to take what property was yours and what money was yours that you earned in the joint checking accounts.

I do not know that you meet the criteria for a common law marriage. I would sit down with a lawyer in your area (many offer free consultations) and lay out all your evidence that you have to argue for a common law marriage and see what they think.

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Customer reply replied 1 year ago
I just didn't think he could kick me out of our home just like that including the children I don't think it's fair I endured a lot of abuse during the relationship emotional and physical but mainly emotional. I really don't care about myself at this point but my children and that what our homestead.
Family Lawyer: originallawyer, Family Law Attorney replied 1 year ago

No, it's certainly not fair, and it's not very kind of him to do so, but unfortunately, Texas doesn't have a rule or law that protects you from him kicking you out in this case. Unless you have a lease agreement with him, or part ownership in the property, he has the legal right to evict you. I'm very sorry that he's done so.

You might look into a service like Catholic Charities, or another service from this list: http://www.hhsc.state.tx.us/Help/family-violence/centers.shtml#FVS. These organizations may be able to help you get into housing while you are looking for work so you and your kids aren't out on the street.

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