evicting girlfriend

[colton]

Jurisdiction

Texas

I have owned my house for two years now,she was there when I bought it but it's in my name only. we have a daughter together also. how can i get her out of my house. also is there common law

 

[army judge]

Eviction in Texas:
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Texas Tenant Advisor
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How to Evict a Tenant in Texas (with Pictures) - wikiHow
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You bring the eviction action in the JP Court sitting in the place and precinct where the home/apartment is located. In some cases, you bring the eviction in the city municipal court.
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You can search the Internet to determine where and in what court an eviction action must be brought.
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You must follow each step as laid out, no shortcuts, follow each step, any mistakes you must start over.
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Common law marriage in Texas isn't just living together.
The parties must take affirmative steps to legalize the common aw union.
No steps, no union.
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A valid common law marriage in Texas is where a man and woman become husband and wife without getting a marriage license and having a marriage ceremony. Once established, a common law marriage has the same legal effect as a ceremonial marriage. (3) Told others (hold yourselves out) that you are married.
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http://texaslawhelp.org/files/685E9...5BA6E78F/407091LHT 32_1 Comm Law Marriage.pdf
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[adjusterjack]

I have owned my house for two years now,she was there when I bought it but it's in my name only. we have a daughter together also. how can i get her out of my house. also is there common law

You do realize that she's not likely to be considered a tenant by the courts and when she leaves she will get custody of your daughter and you will pay child support.

This is not a landlord tenant relationship.

In fact, Texas allows Marriage Without Formalities. See Subchapter E starting with Section 2.401 at:

2015 Texas Statutes :: FAMILY CODE :: TITLE 1 - THE MARRIAGE RELATIONSHIP :: SUBTITLE A - MARRIAGE :: CHAPTER 2 - THE MARRIAGE RELATIONSHIP

If she claims that a marriage existed under that statute and can prove it you will have community property issues to deal with and she could have a financial interest in any equity in your house that has accrued in the past two years.

I suggest you tread lightly with the eviction thing. Hell hath no fury like a woman scorned. You might be better off with a carrot rather than a stick. Just saying. You roll the dice and hope they don't come up craps.

 

[Michael Wechsler]

I suggest you get an attorney. Evicting the mother of your daughter and your minor daughter out of the house will probably not go well resorting to self help. And imagine the kind of precedent it sets going forward should the issue of support be called into question. It would probably be a good idea to have an experienced divorce or family attorney retained.