What is the law as it relates to property and assets of a common law marriage?

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What is the law as it relates to property and assets of a common law marriage?

My girlfriend has moved in. All property, bills and assets are in my name. We have separate checking savings accounts. Nothing is in both of our names. I am helping her out while she goes back to school. Does she have the right legally to claim half of all assets and property if she has lived with me for a certain amount of time? I live in a community property state.

Asked on February 9, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Are you in fact declairing your self married under the common law if it relates to your state?  That is considered married in some states so be very careful here.  If you are declared married then assets purchased after the marriage are considered marital (divided under community property laws) and assets that would be separate can be quasi marital if there can be shown an intent to make them marital. Do not hold yourself out to be married and then you are fine.  Otherwise, seek legal help.  Good luck. 


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