Legal Question in Family Law in Texas

Re: getting ready to move out

It depends on what your living arrangements were and who owns what. If you were just roomates, he can't keep your stuff. If you established a common law marriage, you may need to go through divorce proceedings to sort out the property issues. There are three elements to a common law marrige. The first is an agreement by the parties that they are married. The second is holding out to the public that the parties are married. The third is cohabitation. The most common misconception by the general public is that there is a requirement that the parties cohabitate for some specific period of time. This is not correct. Remember that although Texas law recognizes the validity of a common law marriage, there is no such thing as a common law divorce. Dissolving a common law marriage requires the same formal legal proceedings as a ceremonial marriage. Good luck.