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I was living with someone from 2009 to 04/2013 . What I need to do in order to get a legal separation? We have a house in common

Houston, TX |

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Attorney Answers 3


  1. There is no legal separation in the State of Texas.
    Were you married?
    Merely living together in Texas does not make you married.
    Owning a home together does not make you married.

    You might be common law married but merely living together in Texas is not enough to be common law married. How did you file your taxes? If you filed as "single" then you are probably not common law married in Texas. You need to meet in person with a family law attorney & discuss all the facts of your particular situation.

    If you are married in a ceremony, then you need to talk to a family law attorney about filing for divorce and asking for temporary orders.

    This is the best website to find a family law attorney in the Houston area. Many offer a free consultation and payment plans.

    Before any attorney can answer you questions fully, more information needs to be provided.

    Good luck!

    Fran Brochstein has over 20 years legal experience & enjoys educating the public about Texas laws. She is a full-time family law mediator in the Houston area. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that this is not a personal consultation and in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem. You can contact her at 713-805-9591 - 7 days a week - her personal cell phone.


  2. If you were just living together, then you don't need to get "separated" or anything else, because you aren't married now. If on the other hand you've also been calling each other husband and wife and have considered yourselves married, then you would have an informal or common-law marriage, and you'll need to get a divorce just like anyone else. Texas actually does not have any state of legal separation, so you can't do that regardless--you're married until the moment the divorce decree is signed, and then you're not. As far as the house goes, there may be different options available, depending on whose name is on the title, what each person contributed to financing the house, whether you're actually married, whether there are other funds involved, etc. I'd suggest you consult with an attorney to get a better idea of what the best course of action might be for you. Good luck.


  3. This is not something you can get relief for in Texas, if you filed taxes together or held out as husband and wife, then you will need to file for divorce. You may have a common law marriage.