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4ren6
4ren6, Forensics/CSI
Category: Legal
Satisfied Customers: 4794
Experience:  Sworn Expert Witness in Criminal Law. Sworn Expert Courtroom Testimony.
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My ex left 2.5 years ago ,signed a quick claim deed now he ...

Customer Question

My ex left 2.5 years ago ,signed a quick claim deed now he is back and wants to move in again, he is still married to the person who he left me for.Can he come backand claim common law . what are my rights in this situation?
Submitted: 9 years ago.
Category: Legal
Expert:  Dave Kennett replied 9 years ago.

DearCustomer- He has no rights whatsoever to the property or to move back in if he signed a quit claim deed. If he is still married to someone else he certainly cannot claim he is somehow still married to you. You do not have to admit him into your home to live or to even visit.

David Kennett - JD - Attorney at Law

Customer: replied 9 years ago.
Helans to divorce her as soon as possible then what will happen ,are we back where we started?
Expert:  Dave Kennett replied 9 years ago.

Of course not. Since he was married he can't just get divorced and then claim some kind of relationship with you. The two of you would have to re-marry and that would be up to you if you want to get back into a relationship with him. Until that he has absolutely no right to your property.

Dave Kennett

Customer: replied 9 years ago.
So if he does divorce her and wants to live with me would that not be considered a common law wife?And half of what I have would be his again?
Expert:  Dave Kennett replied 9 years ago.

It would take a while for the common law because you would be starting anew. He would not gain half of the property simply because he moved back in with you.

Dave Kennett

Customer: replied 9 years ago.
How long does it take for common law to take effect in Texas?
Expert:  4ren6 replied 9 years ago.

The link below will offer you more info on Texas and Common Law marriage. You must make yourselves out to be married and file a tax return as though married.

http://www.unmarried.org/common.html

Texas is also a community property State. This does not mean that he could claim it under community property laws but the courts could take a look at it and make a decision in either favor.

http://www.dearesq.com/property-division-in-community-property-states/

The above expert has also assisted you well. Let me know if you need further assistance.

4ren6, Forensics/CSI
Category: Legal
Satisfied Customers: 4794
Experience: Sworn Expert Witness in Criminal Law. Sworn Expert Courtroom Testimony.
4ren6 and 2 other Legal Specialists are ready to help you