W. Tyler Moore, PC

Absent a marriage there is no community property to divide

Absent a marriage, there is no community property to divide when the relationship ends.  If couple has a ceremonial marriage by a judge or by a minister or priest, there may be community property.  If a couple meets the requirements for a common-law marriage, in Texas, there may be community property to divide.  This is so whether the marriage is between heterosexual couples or same-sex.  

Livng together without creating a marriage relationship creates no right to property acquired during the relationship.  It does not matter how long the relationship lasted. If however, both parties contribute to the purchase price then the parties may own the property as joint tenants or tenants in common.  If so, then may both own an undivided 1/2 interest in the property--but it is not subject to a "just and right division" as provided in a divorce. 

Talk to W Tyler Moore at [email protected] an experienced family law attorney at 5005 Woodway,Suite 201, Houston, TX to discuss your property division.

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