Legal Question in Civil Litigation in Texas

My question is about community property.

I was living with a woman for 8 years and for the first 3 years she was married to someone else and she remarried in 2009 and was gone for about 2 months and I let her move back in with me on the grounds that she would get a divorce. We were living in my dads house and I left in July because she wouldn't get a divorce and got a job in anohter town. My dad let her live there on the grounds that she was going to do work on the house for her rent. That didn't happen. She has now moved out and moved furniture, Tv, washer, dryer and 4 saws. Some of this stuff was aquired while we were living together while she was married to someone else. The checking account was in my name and her check was direct deposited in my account. Can I press theft charges on her for taking the stuff out of the house without my permission or my dads permission? If not what is my legal right?


Asked on 11/28/12, 5:21 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

If she was married to someone else then you did not have a common law marriage in the State of Texas. In Texas, even if you were living together, you can only be married to one person at a time. Therefore, it does not sound like she was "available" to be in a common law marriage with you.

So the two of you were just living together. You co-mingled assets as roommates. Of course, now you realize this was a bad idea.

If she took "stuff" that did not belong to her, then you can try to get it back. You will need "proof" of ownership - like the receipt. The police and the judge is going to need some sort of proof that you actually own the things that you want back and that you claim you own. So you need to get written proof (ideally with the serial numbers) so that the items can clearly be identified. Otherwise, she can claim that she owns the "stuff".

You can contact your local sheriff, constable or police and ask how to proceed.

You can also go to small claims court and file a lawsuit against her. One way is civil and one is criminal. If you want the stuff back, then civil is the way to go. Of course, in the meantime, she can dispose of the "stuff" and it is gone. In small claims court, you can win and if she cannot produce the "stuff" you win a judgement which is a piece of paper. It does not mean that you will ever get any money out of her. (Many people win a judgement but never collect their money on their judgements in the State of Texas because Texas exempts a lot of assets from judgements -- so you might have to hire an attorney to try to collect & it costs more to hire an attorney than the judgement is worth -- but that is a whole new mess).

I would talk to your father before proceeding. Sometimes it is not worth going after her if the "stuff" is not worth much. You might be looking at a couple of months, money for filing fees at court, and time off from work to appear in court.

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Answered on 11/28/12, 9:53 am


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