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After 13 yrs of common law marriage I'm being asked to leave. Do I have rights although everything is in his name?

Dallas, TX |
Filed under: Family law

After 13 yrs of common law marriage I'm being asked to leave. Do I have rights although everything is in his name?
I came into this relationship with a car, a place to live and a job. Now I'm expected to walk away with the clothes on my back? We have bought a house (in his name) he opened his own company (in his name) and has been my workplace ever since the day he opened it ( as an employee ) I dont even have a vehicle in my name.

Do I need to get a lawyer? Do I have any rights here? This is my entire life my house, my car, my job.
He said I could take my car and he'd finish the payments on it, I can't trust that.

Attorney Answers 3


If you are common law married, then you certainly do have rights. That'll probably be the issue though - whether or not you are, in fact, common law married.

You can read about common law marriage (it's actually called "informal marriage" in Texas) in Section 2.401of the Texas Family Code. In order to establish that there was an informal marriage, you'll need to be able to prove:

1. that you and your husband signed a declaration of the marriage; OR

2. a. You and your husband agreed to be married;
2. b. After that agreement, you lived together in Texas; and
2. c. You and represented yourselves as husband and wife to other people.

There are a lot of different ways you might go about proving this. My advice to you is to find a family law attorney and to make an appointment with him or her to discuss the specifics of your situation in detail.

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This information is not legal advice and does not form an attorney-client relationship.

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Once you establish an informal marriage, then you can pursue a divorce the same as a formally married person. Consult a local attorney because the existence and the date of formation of the informal marriage could have a significant affect on your claims.

Legal disclaimer: The response above does not form an attorney-client relationship, nor is it intended to be anything other than the authors educated opinion.

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