Belt Auction

Im common law married in the state of Texas with 2 kids and my husband has supported us for the past 5 years?

I live in Texas and my common law husband and I have a failing marraige and 2 children. We own a livestock auction barn a home worth 375,000, and multiple vehicles, including a suburban that is owned free and clear (everything else has bank notes) I do not work and help my husband do advertising for his business, my kids are in full time daycare, which he has paid for, for the past 2 years. I have my real estate license but with the market being what it is I in activiated it due to the fact that there are dues and expenses associated with it. I have been staying with my sister and her 2 kids along with my 2 kids for the past four days. I have no bank accounts and no money, what should I do. Left because we constantly fight about everything. He wants sex, we have not kissed on the lips in over a year, (not romance or making love) I want him to answere me when I ask a question. My sister is very dis functional as well but she dosent threaten to kill me. My home is 3000 sq. ft. I raise two children under the age of 4 and when he gets home in the evenings he wont even get them anything to drink if Im making super, giving baths, cooking, cleaning, it dosent matter. I am 29 years old and he is 42, I am very pretty but had low self esteem for a long time, I just now realize how bad I have been selling myself short. We used to get along well, he is a farmer, rancher and truth be known the last of the "real cowboys" Im rock and roll and always liked living on the edge, I love my lifestyle now just wish he wasnt such a log when it comes to emotions, and of course he will not talk to me about anything, he just called and yes we faught, he says I can come home if I change Yes we are common law, my brother in law even thinks we are married couldnt find anything with my maiden name except my SS card

Public Comments

1. You should get back with your husband and start being obedient to him. I bet you wouldn't have any problems then. Most women today screw marriages up by being independent. For example, you left your man and decided to be independent. A marriage can't work that way. You have to be commited and obedient to him.
2. Sounds like you should get a job.
3. You need to get a better job, and you need to move out of your sister's house, she needs her house for her family not for your problems. Your husband is having his cake by not having you in his house which I assume it is your house too. Move back and live with him, your kids will have a father and you will have his financial support even more.
4. I went through this in Texas. Common law marriages are treated the same as legal marriages. Everything is community property and you have to get a divorce. You are considered legally married. You and your husband need to work out an agreement of who gets what and who gets the kids and then how much child support to pay. That way, it will not cost that much at all with an attorney. You need to put it in writing, sign it and give it to an attorney. However, if the two of you cannot agree on anything, the cost of an attorney nearly doubles. Plus, you both have to get one for yourself.
5. Texas is one of the few states that recognizes a common law marriage, and calls if an "informal marriage". You need to consult a divorce lawyer to work out a mutually agreeable settlement. Without anything written and adjudicated, your "husband" could withhold any and all support.
6. My first question is why did you leave the house? My first thing is this regardless if it is a common law or legal marriage, I think that he should be supporting you regardless until you get on your feet if you are facing a Divorce.
7. Get a job would be my advise and a lawyer. Incidentaly, simply because you lived together for 5 years isn't enough to be considered as part of an informal marriage (common in law). You both must have "acted" like you were married (presenting yourself as husband / wife, both saying that you were husband wife etc.). Living together is simply one part of the whole equation.
8. Move back in with him. First all, start putting money back. Get Cash and don't hide it at home get a safety deposit box, put that and your documents for your court cast there. Start making your exit plan. Document property, bank account records and try to get things that show new or increase ownership since you moved in together. By the time you all this documentation you should hopefully have enough to retain an attorney. Most initial consults are free. Go there and get advise on what information you need, your rights. If you don't like what he says don't think twice about talking to another attorney. Go ahead and have him prepare the paper work but not to file it until you say you are ready. All this time you need to keep saving money. Every-time you go to the grocery store take an extra $50 out. The attorney will be able to give you the best advice on common law marriage. Good Luck.
9. I think if your not happy then you should stay were you at...as women we always are strong then we think....trust me I have been in sisuactions that I ever think that was going to make it but I'm here....I'm going through them now I'm homless I've lose my kids and if it wasnt for the faith in God I dont think that I would make it through....but I'm having to do what I have to do....and trust me there are people still in this world that will help you...you have your sister and thats the best person for you to have right...:)
10. According to Texas law (yes they recognize common law marriages) you are entitled to 25% of his net income per child support for 2 children. This divorce (as any other) must be applied for thru an attorney. It should not be any problem getting him to pay for your attorney in the matter. Talk to your attorney about that. Now the above iformation is for divorce purposes only. The first thing that you must do is figure out if that is what you want. My suggestion is to talk to your husband and figure out what it is that you BOTH want and take it from there.