Am I entitled to any of my long time partner’s personal injury settlement?

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Am I entitled to any of my long time partner’s personal injury settlement?

I’ve been with the same man 11 years; we have 3 children together. He recently started a major lawsuit because he was hit by a commercial vehicle. When his lawyers started talking about the amount the lawsuit could be for, he decided he no longer wanted to be with me. He stated that even though we were never legally married, we needed to get a divorce. He wants to do the divorce with no lawyer or anything, just sign papers stating that I get nothing. He stated tI am not entitled to anything at all. I was trying to see if that is true or should I look into getting a lawyer.

Asked on August 23, 2019 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

TX recognizes common law marriage, so depending on the circumstances you may be married to this man. If you are, then you are potentialy entitled to a portion of any personal injury settlement that he may be awarded. At this point, you shoulld consult directly with a local dicorce attorney who can best advise you further after reviewing all of the facts of your situation.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

He doesn't need to "divorce" you (and you can't divorce someone you are not married to, anyway), because if you are not married, you have no right to any portion of his personal injury settlement. If he stops supporting your children with him,you could bring a legal action for child support, but that would be the only right you have to money in this case; a nonspouse has no right to her partner's money or settlements, no matter how long they were together.


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