Legal Question in Family Law in Texas

My now ex boyfriend and I of 7years built a home together. Since we are no longer together he says he will not leave because he is the secondary signer on the home and until someone with higher authority tells him to leave he will. Plus according to him we are not common law. Is there a way I can get a court ordered paper stating he must leave or something like it? I already get child support from him.

Asked on 8/14/13, 5:26 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

He is correct, only a judge can order him to move.

You might not be common law married. You can live together for 20 years and not be common law married. You can read the law on common law marriage on-line. Look for the TX Family Code on-line. You normally have to fill something out in writing. For example, if you filed your tax returns each year as "single" then it is going to be difficult to claim you are married. If you filed, a joint tax return as "married" then you are probably married in Texas and the IRS believes you are married too. Plus, you refer to him as you "bf" and not your husband.

You do need to discuss how you want to handle the ownership of the home. Obviously if you are not going to live together, then the house needs to be handled now - hopefully, peacefully or it will cost you both a lot in legal fees. I assume he owns 50% of the home. I assume he wants his name off the title and his 50% equity out of the home. If you cannot afford to buy him out, then the home needs to be sold. If he goes to court, the judge will order the home sold. The judge could appoint a receiver to handle this sale. Please don't allow the home to be sold by a receiver since it will be sold at a low, low price below market price.

I hope my answers help you.

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Good luck!

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Answered on 8/14/13, 5:35 pm

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