A close friend of mine has lived with her common law husband for the last 15 years. Last week he moved out taking everything but a chair, a tv, and a bed. They own the house and cars together, so there's property and finances they are going to have to deal with. He also cleaned out the bank account so she has no money right now. Any ideas on where to start? How can she protect her interest?
She needs a lawyer ASAP. If she's near Arlington, have her call Eric Smith, attorney at law, ###-###-####. She needs to take steps to protect her rights, especially in the house.
As long as they meet the requirements for common law marriage they are legally married in Texas. While there is a common law marriage, there is no common law divorce. Just like somebody who had a marriage ceremony, your friend will need to get a divorce.
get a lawyer, that is best thing for her to do. I wish I could recommend someone, but I don't any.
Unfortunately, she is going to have to go through the formality of a divorce. She should be able to find a fairly reasonable divorce attorney under the circumstances you describe. I'd recommend:
Kastl Law, P.C.
Amberton Tower
4144 N. Central Expressway, Suite 640
Dallas, Texas 75204
###-###-#### cell
###-###-#### phone
###-###-#### fax
____@____.com
You can tell her Rosalyn sent you.
This is no different than a divorce. In Texas common law is treated just like a regular divorce. She will need to get an attorney asap as the attorney can put an order in to protect her from the things you described. If she doesn't have money to do this, she can call downtown (look on the internet) and they have free attorney services for folks. Best wishes...
The state of Texas DOES recognize Common Law Marriage as long as the couple presented themselves as married to others. Also, as long as both of their names are on the house and other assets, she will need a lawyer to help her get her half AND she will have to get a divorce. I am in a common law marriage, so I know that, contrary to what some other people have said, the law DOES indeed consider it as a binding marital relationship. Good luck to her!
She needs a lawyer. Not sure how it works but she does have rights.
She needs a lawyer NOW and hope he doesn't go out of state soon or she's likely to get nothing. This is a really, really good warning to other women that we (Even if we're married and think things are perfect) need to have some separate finances. I'm not a lawyer, but one thought I have is that she declare bankruptcy as it seems to me that would put the creditors on his trail. This will of course impact her for a while, but I would certainly consider that if I were in her shoes.
Her best bet would be to contact an attorney. Even though it is considered a commen law marriage - by owning a house and cars together they have presented themselves as a married couple - therefore - she/he will have to have a divorce. She may not have any money right now - but there will be an attorney who will take the case and charge the ex for his fees but she will have to shop around. If she can't find one - she could try the north texas free legal services - http://www.lanwt.org/fortworth.asp - and they may be able to help out in getting the ball rolling by filing paperwork, etc. I wish her all of the best.
Well i do know this that she will need a lawyer. Because that was wrong what he did. And I also do know that they may not consider anything becasue in the LAWS EYES common law is nothing and if you have no proof of being together. Anything that is in BOTH thier names and on paper can be considered in court. But anything that does not provide proof on paper or any evidence at all they can throw out becasue that stuff is basically his word agaisnt hers and that does not come out pretty. From experince i lost everything with my common law because it was not in our names and or on paper proveing it. GOOD LUCK SHE WILL NEED IT.
H. a
If she helped pay for the house and cars she is definatly entitled to half, without going to a lawyer, she may have trouble, but legaly she is entitled, so even though it will cost a little to get a lawyer, it will be cheaper in the long run than gettin another house and car
contact the smu law school. at one time the graduating seniors did pro-bono work. never know till you inquire. hope your friend is okay and look at the experience as a lesson learned not to be reenacted again.
contact an attorney. Here is one for you Jennie Mathis at ____@____.com
Common law marriage in Texas can occur when a man and a woman live together for one year and present themselves to others as married.
See an attorney.
Yeah, she definitely needs an attorney, but in addition to a divorce, she's going to need to request a temporary restraining order to keep him from taking all their property. Good luck to her.
Ouch! Double Ouch! Double whammy: emotional and financial! Sooooooo sorry for your friend.
No advice, but I'll pray for her. Looks like other mamasourcers have some good advice, but what a hard situation!
A.
If they have EVER sgned ANYTHING as Mr & Mrs. they are legally married in Texas. She neds desperatly to get an attorney.
She definitely need to get an attorney "ASAP", because she has just as much rights as he does. Half of those things are hers and she need to collect. Common Law do exist and is legal. If she can provide proof of the lengthy relationship, mail being received at the same address listed as her place of residence as well, bank info, credit cards in each others name. She's good to go. If she used his last name with certain things and have it on paper that would be good to. I was with my ex for 10 years, lived together for 3, and had a daughter. I have my house, child support with extra included as (alimony) which they no longer use that term. You would have to write out an list of your personal bills of what you think you would need to continue to maintain. Tell her to get on it! Wish her blessings with a positive a great outcome.!
