Evicting a Common‑Law Spouse in Texas – Step‑by‑Step

Texas recognizes informal (common‑law) marriage if three elements are proven. Eviction follows landlord‑tenant law once the marriage is established.

1. Prove the Common‑Law Marriage

You must show:

• Agreement to be married.
• Cohabitation in Texas.
• Representation to others as married (shared surname, joint taxes, joint accounts, introducing as spouse).
• No minimum duration, but 2‑year cohabitation creates a rebuttable presumption.

2. Serve Notice to Vacate

• Month‑to‑month tenancy: 30‑day written notice.
• Fixed‑term lease: Wait until term ends or follow lease terms.
• Notice must cite Texas Property Code §24.005.

3. File Forcible Entry & Detainer (Eviction) Suit

1. File in Justice of the Peace Court (precinct where property lies).
2. Pay filing fee (~$100‑$150).
3. Constable serves citation; hearing set 10‑21 days later.

4. Court Hearing & Judgment

Present evidence of marriage, notice, and non‑compliance. If judge rules for you, a writ of possession issues (usually 5‑7 days later). Constable executes lockout if needed.

5. Recover Damages (Separate Suit)

Unpaid rent, property damage, court costs, attorney fees → file in Small Claims Court (up to $20,000).

Critical Reminders

• No "self‑help" lockouts—illegal in Texas.
• Consult a landlord‑tenant attorney; procedures vary by county.
• If no common‑law marriage is proven, the person is a guest/licensee—different removal process.