Texas family law

Asked almost 6 years ago - Overton, TX

i have 2 boys that are 13 years old i don't want them to be split up there dad is trying to split them up. we live in the same house for the last 10 year. he ask me to leave. i have no where to go. one child he treat bad the other ho loves. he has a drinking problem. he has had a dwi. he also has no driving lic. can he make us move i have in the pass paid all the bills i have some of the recip. with my name on them. he call me his wife in public. i just want my boys to finish school. then i wil be able to move out of the house can you give me some a adcice

Additional information

if he get married. can he then make me move. he has ask another woman to marry him so that he can kick us out of the house.

Attorney answers (2)

  1. Theresa Cay Langford

    Contributor Level 15

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    Lawyer agrees

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    Answered . Based on what you have written, it appears that you may have a claim to an informal (common-law) marriage. If you and the boys are physically safe, first speak with a lawyer, before leaving. There are ways to hire a lawyer, and you may qualify for indigent or low-cost representation. Even if you are not married, you are still entitled to support for the boys. It is important to not make any changes in your lifestyle until you are able to sit down and speak with a lawyer.

  2. Fran Brochstein

    Contributor Level 18

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    Lawyer agrees

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    Answered . You desperately need to talk to an attorney.

    If you are living in the home, then you cannot be removed until a judge orders you to move.

    Even if he owns the house, if you have been living there for less than 10 years, he cannot ask you to move. You will need proof (driver's license, utility bill or a letter) addressed to that address.

    You might have a common law marriage but you need to talk to an attorney about it.

    Of course, you are free to take both children and leave.

    Again, I urge you to talk to an attorney immediately.

    I don't know where Overton is located.

    I only practice law in Harris County, Texas.

    The other attorney that answered your question is a great attorney and perhaps she lives in your area.

    Good luck!

    If you are not safe, then take the children and leave. I encourage you to have a safety plan and go to a shelter if you have no where else to go.


    T

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