Texas cohabitation and possession disputes.

[crow1984]

Not sure if this is the place for this, but I'm sure somebody knows so here goes:

My girlfriend and I are separating after almost a year together...about 8 of those 12 months we've been cohabitating (yeah...I know it's stupid, so save it). So she tells me today "I'm moving in with my sister and the dogs are going with me." The problem with this: I consider those (2) dogs as mine, and I don't intend to let her take them.

Now, I looked at the criteria for "common law couples" in Texas (and it's pretty retarded), and we don't fit into that. So basically we're just a couple cohabitating. The dogs were adopted from a shelter in November 2007 in my name, with my address (she was not on the lease at that time), and I have the receipts for the vet visits following the adoption (with my name and address on them).

So...since technically we aren't a "common law" couple, then what's mine is mine and what's hers is hers right? And since I have the documentation, that consititutes legal ownership right? So (and please correct me if I'm wrong) the dogs are mine, end of story. Correct?

[txinvestigator1]

So...since technically we aren't a "common law" couple, then what's mine is mine and what's hers is hers right? And since I have the documentation, that consititutes legal ownership right? So (and please correct me if I'm wrong) the dogs are mine, end of story. Correct?

Only if she lets you take them. The police will not interfere in the matter.



And please show me the definition of "common law" you are using and reference where you found it.

[crow1984]

TXInvestigator, I don't understand your response... Do you mean I am allowed to take them elsewhere if she doesn't object? If I have proof that their mine, what business is it of hers where I take them? And if she took them from me and I called the police on her they would not interfere with her taking them?

Anyway, this is straight from the Texas Family Code. "Common law" I guess is slang for "informal" marriage. I've heard it called both. Link: http://www.legalhelpinntx.com/law_of...w-defined.html

§ 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a
judicial, administrative, or other proceeding, the marriage of a
man and woman may be proved by evidence that:
(1) a declaration of their marriage has been signed as
provided by this subchapter; or
(2) the man and woman agreed to be married and after
the agreement they lived together in this state as husband and wife
and there represented to others that they were married.
(b) If a proceeding in which a marriage is to be proved as
provided by Subsection (a)(2) is not commenced before the second
anniversary of the date on which the parties separated and ceased
living together, it is rebuttably presumed that the parties did not
enter into an agreement to be married.
(c) A person under 18 years of age may not:
(1) be a party to an informal marriage; or
(2) execute a declaration of informal marriage under
Section 2.402.
(d) A person may not be a party to an informal marriage or
execute a declaration of an informal marriage if the person is
presently married to a person who is not the other party to the
informal marriage or declaration of an informal marriage, as
applicable.

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
Amended by Acts 1997, 75th Leg., ch. 1362, § 1, eff. Sept. 1,
1997.

Amended by:
Acts 2005, 79th Leg., Ch. 268, § 4.12, eff. September 1,
2005.


§ 2.402. DECLARATION AND REGISTRATION OF INFORMAL
MARRIAGE. (a) A declaration of informal marriage must be signed
on a form prescribed by the bureau of vital statistics and provided
by the county clerk. Each party to the declaration shall provide
the information required in the form.
(b) The declaration form must contain:
(1) a heading entitled "Declaration and Registration
of Informal Marriage, ___________ County, Texas";
(2) spaces for each party's full name, including the
woman's maiden surname, address, date of birth, place of birth,
including city, county, and state, and social security number, if
any;
(3) a space for indicating the type of document
tendered by each party as proof of age and identity;
(4) printed boxes for each party to check "true" or
"false" in response to the following statement: "The other party
is not related to me as:
(A) an ancestor or descendant, by blood or
adoption;
(B) a brother or sister, of the whole or half
blood or by adoption;
(C) a parent's brother or sister, of the whole or
half blood or by adoption;
(D) a son or daughter of a brother or sister, of
the whole or half blood or by adoption;
(E) a current or former stepchild or stepparent;
or
(F) a son or daughter of a parent's brother or
sister, of the whole or half blood or by adoption.";
(5) a printed declaration and oath reading: "I
SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO
EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE
AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS
HUSBAND AND WIFE AND IN THIS STATE WE REPRESENTED TO OTHERS THAT WE
WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE OTHER PARTY I HAVE
NOT BEEN MARRIED TO ANY OTHER PERSON. THIS DECLARATION IS TRUE AND
THE INFORMATION IN IT WHICH I HAVE GIVEN IS CORRECT.";
(6) spaces immediately below the printed declaration
and oath for the parties' signatures; and
(7) a certificate of the county clerk that the parties
made the declaration and oath and the place and date it was made.
(c) Repealed by Acts 1997, 75th Leg., ch. 1362, § 4, eff.
Sept. 1, 1997.

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.
Amended by Acts 1997, 75th Leg., ch. 1362, § 4, eff. Sept. 1,
1997.

Amended by:
Acts 2005, 79th Leg., Ch. 268, § 4.13, eff. September 1,
2005.

[txinvestigator1]

TXInvestigator, I don't understand your response... Do you mean I am allowed to take them elsewhere if she doesn't object? If I have proof that their mine, what business is it of hers where I take them? And if she took them from me and I called the police on her they would not interfere with her taking them?

If she insists in keeping the dogs, there is nothing the police will do since you live together. There is a process for property disputes, and that is with the courts, not the police who cannot scrutinize the validity or authenticity of receipts, lease documents, etc. The good new is that if she tries to take them while you are there and you call the police, the "status quo" remains, meaning the police will have her leave them there if you object to her taking them.

The bad news is that if she takes them while you are at work or they otherwise end up in her possession, then her possession then becomes the "status quo".

If I were you and the dogs really were MINE, I would find a place for them before she moves, and place them there when she is not around. I would NOT put them in a family member's or friends house, as you don't want her showing up there and causing a problem for them.

Anyway, this is straight from the Texas Family Code. "Common law" I guess is slang for "informal" marriage. I've heard it called both. [/I]

Good for you, you found the three prong test. ;)

The bad news (again) is that in police involvement, it does not matter if you are common law or not, as the courts, not the police, can determine if a common law relationship exists.


Regardless, I wish you a painless split up.

[SnapShawt]

Yep, that's a civil matter here in Texas. You can show me receipts and vet bills all day long. If I were called, exactly as txinvestigator says above, the dogs would stay where they were when I got there and I'd tell you to deal with it in court. I can and would sympathize with you, but it's not a criminal matter and thus beyond my realm of influence or action.

[CelicaGuy]

Go to court and make sure she doesn't take them!!!!!!

[phantasm]

Its a civil matter. civil court. You can sue her for the dogs, or you can chalk it up as loss, and take other stuff, like a giant screen TV.

[kels]

Chalk it up to a learning experience.
Tell her if she decides she doesnt want
the dogs, you would like them back.
As soon as she is gone, change the LOCKS
on the doors. If the dogs are the only problem
you got off cheap.

It all comes down to-are the dogs worth a trip
to court. I doubt it.