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Does the state of Texas recognize common law marriage, how would property be divided in a common law marriage

Asked over 2 years ago - Cypress, TX

I just bought a house in Texas (everything is in my name). My boyfriend and his 2 children have moved in with me. If something happens between us I want to make sure he won't be able to get half of my assets. What do I do? Currently, he pays me a small sum of money every month.

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Robert Hampton Tuthill

Reputation Level 14

Answered over 2 years ago. Juvenile Law Attorney in Houston, TX.

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To considered married under common law, you must live together, hold yourself out as husband and wife, and there must be an agreement to be married. Basically, never file your tax returns together as married or tell anyone you are married or sign into a hotel as married or anything like that. If you dont do any of that, you shouldn't have any concerns over ending up married under the common law.

Even if you do end up married, I still dont think he would end up entitled to half your assets. Most of your assets would be considered your separate property since you acquired them prior to any marriage.

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