[finallyover]

Common law marriage with one child. He doesn't work because he recently quit his job. Does this often. She is the only one working. She has told him it is over and she wants divorce. He will not leave the apartment. They are both on the lease. How does she get him to leave? He is getting more and more violent. Not hitting her, just actions and screaming. This is in Texas.

[smoothy]

Common law means for all legal purposes, married.

Technically he can demand she leave just as easily as she can demand he leave. Then there is the issues with the lease. He is legally entitled to live there just as much as he shares an equal responsibility in paying the rent if she fails to do so.

What is preventing her from packing up and moving out? That is the most quick, easiest option.


You can't file to evict someone who is there legally in that he is a principle on the lease, not a guest or simply a tenant. And provoking violence is going to do more harm than good.

How long is left on the lease? Or are you month to month at the moment? If you are month to month (hopefully you are), write a letter to the landlord send it registered, inform them of your intention to leave at the end of the next full month, and that if the "husband" wishes to remain he can work out a new lease. If you have remaining time on the lease, it gets complicated legally.

Good because #1, its non-confrontational (no risk of harm) #2 she gets out of the situation, and #3 he won't be there when she gets a new place in her own name. #4, It's a quick and effective solution to the problem.