How do i evict a common law husband in the state of Texas?

In Texas, a common-law marriage is created when two people live together and hold themselves out to the public as being married, without ever having a formal marriage ceremony. To prove a common-law marriage, you must show the following:

- You and your partner have lived together continuously for at least 2 years

- You and your partner have held yourselves out to the public as being married, by using the same last name, filing joint tax returns, or otherwise representing yourselves as a married couple

If you cannot prove all of these elements, then you do not have a common-law marriage and cannot evict your partner on this basis.

2. Give your partner notice to vacate.

If you have a common-law marriage, then you must give your partner notice to vacate before you can evict them. The notice period required varies depending on the length of your marriage:

- If your common-law marriage has lasted less than 2 years, you must give 30 days' notice

- If your common-law marriage has lasted 2 years or longer, you must give 60 days' notice

The notice must be in writing and must state the date that your partner must vacate by. You must also provide your partner with a copy of the Texas Property Code, which contains the laws on eviction.

3. File an eviction lawsuit.

If your partner does not vacate by the date specified in the notice, you will need to file an eviction lawsuit in court. The process for doing this will vary depending on your county, but you can generally find information on the court's website.

The eviction lawsuit will require you to provide evidence that you and your partner have a common-law marriage, and that you gave your partner proper notice to vacate. If the judge finds in your favor, they will issue an order of eviction, which will require your partner to vacate the premises immediately.

4. Collect unpaid rent and damages.

If you are successful in your eviction lawsuit, you may also be able to collect unpaid rent and damages from your partner. To do this, you will need to file a separate lawsuit in small claims court.

The amount of unpaid rent and damages that you can collect will vary depending on your circumstances. However, you may be able to recover the following:

- Unpaid rent for the period of time that your partner lived in the premises after you gave them notice to vacate

- Damages to the premises caused by your partner

- Court costs and attorney fees associated with the eviction lawsuit