common law rights

[tucoma2]

My question is . My spouse moved in with me in 2006. Added me to his Ins. as his wife with his last name , Jan. 1, 2006. He purchased a how in July of 2006. We claimed common law marriage until 2008. We went to court house and filled out forms for Informal marriage in 2008. Now he wants a divorce. He claims we were not common law before he purchased the house. I have statement from ins. comp. stating I have been on ins. since Jan. 1, 2006. I'm I not entitled to half of the property?

 

[Proserpina]

Whether you are common law or otherwise legally married, you're not entitled to half of the property - you're entitled to half of the equity in the property that was acquired during your marriage.

 

[tucoma2]

Can i get my part of the equity in the divorce. with out him selling the house ?

 

[Duranie]

You may not be common law married if you did not register your common law marriage. See below

http://www.unmarried.org/common-law-marriage-fact-sheet.html

Does the house even have any equity in it? Most people are upside down on their houses, unless he bought it 10+ years ago. Are you on the house at all? If you are not you might get half the equity in the house if there is any but you are not entitled to the house.

 

[army judge]

Texas is one of a dozen or so, community property states.
Under Texas law, anything you each had prior to the marriage is yours, individually.
But, anything you acquire during the marriage is owned 50/50, or jointly.
Yes, you have an interest in the home.
(Assuming your marriage is legal.)
Usually, one person pays off the other when it comes to the homestead.
Or, when the home is sold, each receives their pro rata share.
Consult a family attorney in your county.

One final thought: When assets are apportioned in Texas, they are not always split 50-50. It depends on what each party negotiates. One might take two automobiles, while the other might get furniture and a 30% share in the home with the other person getting a 70% share. A good family law attorney can advise you. Speak to one, post haste!