San Antonio, TX asked in Divorce for Texas

Q: Am I in titled to any of his lawsuit.

I've been with my kids father for 11 years we are not legally married but to this day still live together. He recently got into a wreck with a commercial vehicle and had a major lawsuit. Now he is stating he no longer wants to be together and that I'm not in title to any of his lawsuit. He said we need to get a divorce but wants to do it without lawyers just signing papers stating I get nothing. For the past 11 years I've dealt with abuse and infidelity. I dont know what I should do or if I'm in titled to anything at all.

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1 Lawyer Answer
Chad Zubi
Chad Zubi
  • Houston, TX
  • Licensed in Texas

A: You could be entitled to a part of the settlement depending on what he was awarded the settlement for. For example if he was awarded the settlement based on lost wages then you would be entitled to a portion of that. Secondly, you may be considered married under Texas informal marriage law if you meet certain requirements listed below:

(1) Agree to be married

(2) Live together as husband and wife in Texas, and

(3) Told others (hold yourselves out) that you are married. (There are other ways to help prove this as well such as filing joint tax returns).

Thirdly, you mention infidelity and abuse, those are factors that a court could use in awarding you a disproportionate share of the community estate.

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