At what point is a relationship common law in Texas

UPDATED: Oct 1, 2022

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At what point is a relationship common law in Texas

My son and girlfriend were engaged for 2 years lived together for a straight 5 years 2 yrs included. Both names are on title of a truck and she also has a car. They are splitting and she won’t let him have the truck. She doesn’t work, he pays for everything, including rent and all bills, except bills on her car. Does she have the right to keep truck from him?

Asked on October 9, 2017 under Family Law, Texas


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

Answered 5 years ago | Contributor

There is no set time that parties need to live together to be considered under the law as common law partners.  In fact, parties can live together for 20 years and never be common law partners in Texas.  There are many factors that can add up to a common law marriage but probably the most important is that the parties held themselves out to be husband and wife.  And yes, using those words counts.  If your son and his girlfeind have always held themselves out as engaged then that says it all.  But they seem to own the truck as tenants in common. He out her name on the title.  She owns half.  He is going to have to buy her out or she him.  He learned an expensive lesson. Good luck.

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