common law marriage?

Question

We have lived together for 14 yrs, some utilities in my name, some in his...but ALL property purchased in 14 yrs was put in his name. He attacked me because my 21 yr old daughter is dating a 36 yr old man, my WHOLE family was here for thanksgiving, he had been drinking since noon, got mad, he thinks she is wrong and we had discussed this prior to her coming or not coming. we both agreed to let her bring him and meet him. we have 4 kids between us. his oldest son was married for 1 1/2 yrs, I had to file their divorce papers on tuesday, this girl was from HELL! I told him that I had to put up with her bs and comments because HE wanted me too so he wouldnt loose his son, well, guess what, i lost both my daughters, the oldest one is 4weeks pregnant and the rest of my family, but he still says it was my fault for rubbing his son's mistake in his face. Now NONE of my family will come back here, all from their mouths, not mine. How can I get any property if I file? it's all in his nam

sorry, we live in texas

We are from TX, not to mention his kids never do wrong, the one he was drinking with is 21, just got a dui, dallas has his dl, so dad bought him a motorcycle and moved him home near us, the younger brings friends and different girls to our house, has sex, raids the groceries and leaves. Both my girls are in college, one fixing to graduate, both live in another state. Neither boy lasted thru the first semester....interferred with sleep and party time. Both work, but we are paying for lawyer for DUI and now we have to buy the younger boy a motorcycle, while my youngest daughter really needs a car, but we cant do that because she is dating a much older guy and he doesnt like him. when he attacked me, he threw me on top of the boyfriend while they were in bed threatening to beat my face in and then kick his a.., i know i have to leave, but i deserve something from this relationship other than bad memories.

Answer 1

Depends upon what state you live in. Not all recognize common law marriage. I think you are sunk if he can come up with reciepts showing properties are in his name. You may want to check out the web site below. Much luck.{ I came back to your question because it was really bothering me. }

Answer 2

I don't know what the law is in Texas about common law marriage, but in South Carolina it was ruled out about 3 years ago. So you have pretty much gotten yourself in a really messed up situation. I say that because it is your fault that you let your boyfriend treat your kids that way. You didn't have to do those things for his children especially being that they are grown a** men. I don't care if mostly everything is in his name you are the woman of the house and you shouldn't let them disrespect you or your house like that. Now there's propbably nothing you can do about getting any property but that should be a good lesson learned because shame on you anway for allowing yourself to shack up with a man that long and not get married. If you married him you would be leaving with half!!

Answer 3

if you have a good lawyer he could show that in 14years you lived together as a married couple you will be given something i don't no where you live or how the laws are but some states do believe in common law marriage after about 10 years and you would be entitled to half of everything but like i said it depends on you lawyer and how far he can push it and any paper work you have of things that were gotten during time lived together would help to also his kids could help if they looked at you as a mom

Answer 4

Well...I'm not sure where you're located at, but you may be able to claim community property on things acquired while you two were together. Common law is kind of tricky depending on where you're at, so I suggest you find an attourney right away to find out what your rights are. I wouldn't put it past your "husband" to have an attourney on retainer anyhow, so find a good divorce attourney. All your other family problems will iron out once the dust settles. Concentrate on protecting yourself and your children, don't let the angry rantings of a drunk man ruin your life!
Good luck and stay strong.

Answer 5

Oh, and if you haven't worked for a lengthy period of time and do divorce, you may be entitled to compensation for putting your career on hold while raising children and running the family at home.
Or, at the least pay for you to attend a school or trade.
Good luck with that one, looks like no one wins.

Answer 6

I really feel for you especially with what happened with your daughters and family, it must be terrible for you. I feel you were well within your rights to say what you said about his son, after all it seems to me he has plenty to say about your daughters. I don't know about Texas laws but in Australia if you can prove your living arrangements you would have a lot of rights as you have lived together for so long. If you have legal aide go and speak to them, it is a free service here and they could certainly tell you of your rights. Good luck in the future and l hope everything works out well with your family. You don't need him messing it up anymore than he has already. Best wishes........................................................................................................................................................................................................I just read your additions, my god what a creep, who the hell does he think he is ?? Get out as quickly as you can, this man is a callous monster. It's no wonder his boys are the way they are. Look at their role model. Go and stay with family or friends for now and sort out the legal side as quickly as you can. God knows what he is capable of doing next. Your safety is the biggest issue at the moment. Don't let him bully you any longer, GET OUT NOW !!! Please.

Answer 7

Check your state laws for common law marriage! You will actually have to divorce the same way people who married do.

Answer 8

Good luck, here is a reference sheet:

STATES THAT RECOGNIZE COMMON LAW MARRIAGE:
Only a few states recognize common law marriages:

Alabama
Colorado
Georgia (if created before 1/1/97)
Idaho (if created before 1/1/96)
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Ohio (if created before 10/10/91)
Oklahoma (possibly only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized.)
Pennsylvania (if created before 1/1/05)
Rhode Island
South Carolina
Texas
Utah
Washington, D.C.



IF YOU LIVE IN A STATE THAT DOES RECOGNIZE COMMON LAW MARRIAGE: If you live in one of the above states and you "hold yourself out to be married" (by telling the community you are married, calling each other husband and wife, using the same last name, filing joint income tax returns, etc.), you can have a common law marriage (for more information on the specific requirements of each state, see next page). Common law marriage makes you a legally married couple in every way, even though you never obtained a marriage license. If you choose to end your relationship, you must get a divorce, even though you never had a wedding. Legally, common law married couples must play by all the same rules as "regular" married couples. If you live in one of the common law states and don't want your relationship to become a common law marriage, you must be clear that it is your intention not to marry. The attorneys who wrote Living Together (additional information below) recommend an agreement in writing that both partners sign and date: "Jane Smith and John Doe agree as follows: That they've been and plan to continue living together as two free, independent beings and that neither has ever intended to enter into any form of marriage, common law or otherwise."



IF YOU LIVE IN A STATE THAT DOES NOT RECOGNIZE COMMON LAW MARRIAGE, there is no way to form a common law marriage, no matter how long you live with your partner. There is one catch: if you spend time in a state that does recognize common law marriage, "hold yourself out as married," and then return or move to a state that doesn't recognize it, you are still married (since states all recognize marriages that occurred in other states). However, this is murky legal territory and we don't recommend experimenting with it!



STATE-BY-STATE REQUIREMENTS TO FORM A COMMON LAW MARRIAGE:*
Alabama: The requirements for a common-law marriage are: (1) capacity; (2) an agreement to be husband and wife; and (3) consummation of the marital relationship.
Colorado: A common-law marriage may be established by proving cohabitation and a reputation of being married.
Iowa: The requirements for a common-law marriage are: (1) intent and agreement to be married; (2) continuous cohabitation; and (3) public declarations that the parties are husband and wife.
Kansas: For a man and woman to form a common-law marriage, they must: (1) have the mental capacity to marry; (2) agree to be married at the present time; and (3) represent to the public that they are married.
Montana: The requirements for a common-law marriage are: (1) capacity to consent to the marriage; (2) an agreement to be married; (3) cohabitation; and (4) a reputation of being married.
Oklahoma: To establish a common-law marriage, a man and woman must (1) be competent; (2) agree to enter into a marriage relationship; and (3) cohabit.
Pennsylvania: A common-law marriage may be established if a man and woman exchange words that indicate that they intend to be married at the present time.
Rhode Island: The requirements for a common-law marriage are: (1) serious intent to be married and (2) conduct that leads to a reasonable belief in the community that the man and woman are married.
South Carolina: A common-law marriage is established if a man and woman intend for others to believe they are married.
Texas: A man and woman who want to establish a common-law marriage must sign a form provided by the county clerk. In addition, they must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married.
Utah: For a common-law marriage, a man and woman must (1) be capable of giving consent and getting married; (2) cohabit; and (3) have a reputation of being husband and wife.
Washington, D.C.: The requirements for a common-law marriage are: (1) an express, present intent to D.C. be married and (2) cohabitation.

* Source: It's Legal! Legal Information Network, whose website no longer exists. The Alternatives to Marriage Project is not responsible for omissions or inaccuracies in the above information.

Much of the information on this fact sheet comes from an excellent do-it-yourself legal guide called Living Together: A Legal Guide for Unmarried Couples, by attorneys Toni Ihara, Ralph Warner, and Frederick Hertz (2000). You can order a copy of Living Together online from us Alternatives to Marriage Project. The authors of this factsheet are not attorneys. If you have additional questions about common law marriage in your state, seek the assistance of a lawyer.

Answer 9

leave him and who cares about the property i think your family will help you out because they will be glad you left him . He sounds like his kids can do no wrong and your kids do everything wrong . blended families very rarely work out and almost never end in happy marriages. good luck and god bless and happy holidays.

Answer 10

Check out if you have a MARVIN ACTION for palimony etc. Get a lawyer