Legal Question in Family Law in Texas

my son and his girlfriend who have be living together are splitting up, my son bought a house( the loan is only in his name , the house is only in his name) he is the only one making payment. her truck broke down so he went out out and took another loan out for a 30,000 truck, once again, the loan is only in his name and the truck is only in his name. they have a child together but have never been married, claimed they were married or signed anything as a married couple. He wanted to make sure his child had a good place to live so he offered to rent her a house or apartment for a month while she got on her feet he also offered to cosign a loan for a much less expensive car that she could afford to make the payments on she said NO she was going to file common law and take the house and truck and he was going to have to pay for them. he said she couldn't do that, they were not married. she said she would say he bought those things and gave them to her for gifts, and if that won't work, she had plenty of friends who will lie for her and say anything she tells them to say. He has paid a lawyer to have her evicted giving her 30 days to move out and 15 days to find a car, she told a mutual friend that she will have him served saturday when he comes home for the weekend. is there anything he can do to prove they are not common law married here in Texas and can she take his home and truck even though she is ont on the paperwork and has never been on any of it?


Asked on 1/04/17, 11:10 pm

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

This is a tough situation. If she is willing to lie in Court ("We told everybody we were married") and her friends are also willing to lie - AND if there is a child involved - the Court could very well find the existence of an informal marriage.

As far as her "taking" anything, that's not the right question - if the Court finds that a marriage existed, then the property is community property, and is divisible when they divorce. The Court decides how to divide it.

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Answered on 1/07/17, 2:52 pm


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