Hubbard, TX asked in Family Law and Landlord - Tenant for Texas

Q: Girlfriend lives with me for 7+ yrs. I have asked her to move out, she said No.

Been together for 7+ years. Says we are common law married and she will get everything in the divorce. She doesn't work, Just started Getting SS (unknown $), Medicare/Medicaid about a year ago. She doesn't work never has work long so I ASSUME her SS is around $700. Prior to that I paid for EVEYTHING. Monthly bills for house AVG $1900 a month, she gives me $400 for her part. I buy all the groceries, pay all the bills. She contributes very little to the house. She pays the electric bill every so often. She says she will get the house along with EVERYTHING else I own and then some in the divorce and I might as well get use to it. We have no children together. She has 4 adult children. Can I evict her, Or do I have to obtain a lawyer and go through a divorce. We are not married, have never clamed to be. I am 66, Med. disabled, she is 60 and working to becoming disabled due to Diabetes and alcohol. I do not drink at all. She over a gallon hard liquor week. Doesn't try 2 take care of herself

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

A: How long you lived together is irrelevant. In order to form a common law marriage, you must have an agreement to be married, must have held yourself out to others as spouses, and lived together as husband and wife in Texas (how long is irrelevant).

Couples can record a declaration of common law marriage which pretty conclusively proves these elements, but are not required to.

Another typically important item of evidence is the party’s tax returns. If the parties filed joint married tax returns, it is typically difficult to deny the existence of an agreement to be married.

If you do not meet these requirements, you are not married. If you are the sole owner of the home, you can evict her. To protect yourself, I also recommend filing a suit for declaratory judgment seeking a declaration that you are not married.

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