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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55294
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My finance paid house we live in currently but we broke up

Customer Question

My finance paid for the house we live in currently but we broke up and now he is trying to evict me from the property. He moved out two months ago and I live there with my 3 kids. If he files an eviction can he get me out?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

Can you provide me a bit more information? Are you on the title to the house? Thanks.

Customer: replied 1 year ago.
I am not on the title and we meet the criteria of common law marriage but I am not wanting to file for divorce so he has had an attorney send me a notice to evict.
Expert:  Richard replied 1 year ago.

Thanks for replying. If you have a common law marriage and you purchased this property while in that common law marriage, then this would be community property whether or not it is your fiance's name. And, since it's community property, you own 1/2 of it and have every right to remain in the house. Although you can't stop him from filing a petition with the court to seek an eviction order, you would get notice of such a hearing and should attend to contest his petition based on your common law marriage. Based on your common law marriage, the judge will dismiss the petition and you will be allowed to remain.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 1 year ago.
Can I fight the eviction without having to fight it by getting divorced? If he files the eviction how does he physically remove me from the house? Can you change the locks, etc?
Expert:  Richard replied 1 year ago.

Thanks for following. He is not legally entitled to take any steps to "constructively" evict you without the court issuing the eviction order. Any effort to do so by changing the locks, shutting off utilities, etc. constitute an illegal eviction and you should call the police. Only if a court issues an eviction order can he force you to leave. If you were to divorce, then you would deal with the house in your divorce settlement.

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