First off, I live in Texas and am only common law married. My boyfriend and I have filed our income taxes together as married for the past 3 years. Exactly how much time and money does a divorce usually take? Does he need to agree/sign for us to be divorced or is it up to a judge? And can he possible take away my car because he has spent money on it (maintence and modifications)? Or would I need to reimburse him? Thanks! Any opinions/thoughts/responds very much appreciated.
2007-05-20 08:24:33 · 5 answers · asked by Jackie 2 in Family & Relationships ➔ Marriage & Divorce
There is a three-part test to determine if you really have a common law marriage.
Q: What makes a common law marriage?
A: Three elements must be present to form a common law marriage in Texas.
First, you must have "agreed to be married."
Second, you must have "held yourselves out" as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as "my husband," or you may have filed a joint income tax return.
Third, you must have lived together in this state as husband and wife.
If you believe that all three conditions are true, then you should get a lawyer and file for divorce to ensure that you get an equitable property settlement. It won't be easy or cheap. Your "husband" will probably try to claim that there never was a marriage.
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2007-05-20 08:34:48 · answer #1 · answered by Otis F 7 · 2⤊ 0⤋
No, you are not legally married. I don't think he has any right to your car. People spend money on each other and help out when they are in a relationship. It would be nice of you to reimburse him, but I'm pretty sure you don't have to. All relationships are give and take. I'm in a 5 year common law marriage, if you will. But if we split for any reason, I wouldn't need a divorce. And hopefully we wouldn't squabble about petty things. I don't know about filing taxes as married, I've never done that. We both still file as single......Good luck!!
2007-05-20 08:40:33 · answer #2 · answered by Lori F 6 · 0⤊ 0⤋
You do NOT need to get a divorce to split up a common-law marriage--since NOTHING was signed to begin with.... divorce is only necessary when you've FILED MARRIAGE CERTIFICATES which are legal documents you sign when you get MARRIED---they are signed by the couple AND the people who stand up for them (best man and maid of honor and the officiate who PERFORMED THE MARRIAGE CEREMONY... if no such document was ever signed, you can just WALK AWAY from your LIVE-IN RELATIONSHIP EXCEPT where you share common property---like for example BOTH of your names are on a deed to a house or a car loan... for THAT, you should seek out a lawyer but NOT for a divorce...If your car is YOURS (title in YOUR NAME ONLY) then he has NO CLAIM to the car...if HIS name is on the title---it's his car in the eyes of the law.... If BOTH names are on the title---that's where a lawyer would come in...JOINTLY OWNED PROPERTY would have to be split equitably between you and your boyfriend... if you don't own ANYTHING jointly with him---kiss his butt GOODBYE and take the car if you have sole ownership on the title....
2007-05-20 08:47:43 · answer #3 · answered by LittleBarb 7 · 0⤊ 0⤋
There's no need to spend money on a divorce, since you have no marriage certificate. As for the govt tax filing, I dont know where you would stand in that situation.
Any other items of debt may wind up in small claims court.
2007-05-20 08:38:04 · answer #4 · answered by iyamacog 7 · 0⤊ 0⤋
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2007-05-22 20:15:16 · answer #5 · answered by niomi 2 · 0⤊ 0⤋