Florence, TX asked in Divorce, Family Law and Domestic Violence for Texas

Q: can my husband kick me out after 23 yrs this is my home to, he has a nw girlfrnd bt he told IRS we were married what do?

My common law boyfriend (now husband) is trying to kick me out of our home n i hv no place to go can he just do that to me? Help what can/should I do he has a girlfriend is why hes treating me like a dog csk . Over the last 20 yrs I believe I am entitled to at least half of what we got over the last 20 years together). Am I right about this and could I xx told the IRS this past taxeS year....on our 2021/2022 taxes that we are filing married together this yr.. The Irs lady tld him we'd get because he could get more money back on his/ now our tax return. By law now we are consider married and would have to file for a divorce through the courts because of that. We were common law for over 20 yrs. I want to fille for a divorce from Mr. Ray because i am a disabled patient as well as a mental patient BUT I AM NOT A DANGER TO MYSELF OR ANYONE ELSE. so i want the abuse to stop so can i file for divorce and get half of our stuff or something?

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: In Texas, to prove a common law marriage, you will need evidence of 1) an agreement to be married, 2) after the agreement you lived together in Texas a husband and wife, and 3) in Texas, you represented to others that you were married.

Filing joint tax returns as a married couple is direct evidence of element #3 and is circumstantial evidence of element #1.

Separate and apart from a possible informal marriage, if your name is on the deed to your home, your husband cannot simply "kick you out" of your home. As tenants in common (if unmarried), your husband would need to file a partition suit.

Assuming you can prove an informal marriage, upon dissolution, the court will divide your existing property in a manner that is "just and right." During the pendency of a divorce suit, the court may award either spouse temporary use and possession of the marital home if it was purchased during the marriage as community property.

You should strongly consider scheduling an initial consultation with a divorce lawyer in or near the county where you live. An initial consultation should cost no more than $500-1,000. The lawyer will discuss with you your options and the anticipated cost of legal proceedings.

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