So my girlfriend and I lived together for two years. The mortage, bills, and car note are all under my name only. But I did report her and her kids a year ago on the tax return because she was hardly working. She commited adultry and is moving out. Are we common law married? Do I need to file for a divorce? What rights do I have and what rights does she have?
2007-08-16 04:01:59 · 3 answers · asked by leo_player79 1 in Family & Relationships ➔ Marriage & Divorce
Did you marry her, no,.............. call a lawyer and ask your questions.
2007-08-16 04:08:18 · answer #1 · answered by kim t 7 · 0⤊ 0⤋
I would do a websearch for the texas family codes and look under commonlaw marriage. I believe that Texas has recently changed the standards for that classification. As far as her rights... to what? Community property laws only apply to legal marriages. You stated that the mortgage and car were in your name only... Are the children biologically yours? If so, you have a right to visitation and or custody, and a duty to support your children. If they are not yours, you have no rights or obligation. Look in the phone book for your city and find a lawyer who gives free initial consultations. He or she would be able to give you more definite answers. Good luck!
2007-08-16 11:14:19 · answer #2 · answered by Linda S 3 · 0⤊ 0⤋
I believe you do need to get an divorce because of you claiming her on your tax return. If filed married filing jointly then yes you do. If not as long as you'll never claimed you were married then, no you do need to. Oh and as long as the kids are not yours then no you do not need to. Call a lawer.
2007-08-16 11:14:35 · answer #3 · answered by lala 2 · 0⤊ 1⤋