Texas does recognize common law marriage under certain conditions. Common law marriage is established in Texas if three elements are met:
- Both parties agreed to be married.
- They lived together as husband and wife in Texas.
- They represented themselves to others as a married couple.
If you meet the criteria for a common law marriage in Texas, you would have the same legal rights and obligations as a couple who went through a formal marriage ceremony. This means that in the event of a divorce, you could be entitled to certain rights and benefits.
Regarding the house, even if it is solely in your husband's name, it might still be considered community property if acquired during the time of your common law marriage. In Texas, community property generally refers to assets acquired during the marriage and is subject to division during a divorce.
Since divorce laws can be complex and can change over time, it's essential to consult with a qualified family law attorney in Texas who can provide up-to-date advice based on your specific situation. They can guide you through the divorce process and help ensure that your rights are protected, especially if you have been in a long-term common law marriage and have questions about property division and other issues.