My name is not on title to the new home in Plano, Texas that my common law husband built for me last year, for my 50th birthday. The mortgage is in my husband’s name alone. My common law husband has now decided that our marriage has come to an end, and wants me to move out. What are my rights in this matter?
You will definitely need an experienced family law attorney to assist you with this case. You should expect that your husband (through his attorney) will deny the existence of a valid marriage and, therefore, argue that there is no marital (community) property to divide. A variation of this argument might be that any common law marriage that may exist did not come into existence until after the home was purchased and, therefore, the home is not marital property.
As with any case, there likely will be evidence that is favorable and evidence that may be less than favorable. An experienced attorney will know how to best present your case, both at the settlement stage or, if necessary, at the trial stage.
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Lapin Law Offices, P.C.
5001 Spring Valley Road, Suite 400 East
Post Office Box 802401
Dallas, Texas 75380
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