Newton, TX Divorce Law Firms & Lawyers

If he throws your things out call the police. That is your home and even if the house was his before you got married, you have an interest in it for payments made on it during the marriage. You might want to file for a restraining order at your local court before he does anything as dramatic as throwing you and your son out of the house. It all sounds very dangerous.

Texas Family code (which is the binding law but no the Texas Constitution) 2.401 provides the elements of proof of an informal marriage. If you agreed to be married, lived together as husband and wife in Texas, and represented to others that you were married, then you are married. If this woman has remarried without divorcing you, her second marriage is invalid. There's a burden of proof here, though - you have to prove each element - the initial agreement to marry and the representing to others that you are married ("holding out") has to be open and public - saying you are married sometimes and other times not might not cut it. And lastly, why would you care.

If you are in China, and were married in China, the it would appear that the divorce court in China would have jurisdiction to, at the very least, dissolve your marriage. With respect to any claim you might have to the assets of your husband, that will depend on international law and treaty agreements between countries. I suggest that you speak with an attorney who is familiar with Chinese law on these matters.