I moved in with my then boyfriend in December 2013 because he promised we would marry. I was opposed to moving in before marriage because of moral and religious beliefs, but he ensured me I would become his wife. During this process we were in couples counseling. We almost began living like a married couple instantly. He proposed in April of 2014. We continued to live together in our home. I purchased a wedding dress and we were making plans. However he began backtracking as if not wanting to marry. Going out and staying out all night on a few occasions. Sadly in December of 2013 he thought we should no longer marry. I have suffered as this loss has been devastating and extremely traumatic. Please advise if I have any rights as it relate to both the ring and common law living situation.
As to the common law married issue- if you ever held yourselves out as married (told friends, filed taxes together, etc.) you are likely married with the same effect as if it was a ceremonial marriage. You should definitely talk to an attorney about the repurcussions of splitting up.
Here's a few thoughts: http://www.attorneyqna.com/legal-guides/ugc/common-law-marriage-in-texas
As to the ring: Generally these are considered conditional gifts. Generally, if she receives a ring but later breaks off the engagement, she has to return the ring. Generally, if he breaks off the engagement, she can keep the ring.
The ring is a gift to her conditioned on her accepting the offer to marry.
As the other attorney already explained, if you started telling people you were married, referred to yourselves as Mr and Mrs, opened joint accounts together as husband and wife, used his last name, etc - anything that indicated to the public that you were married, then a common-law marriage may be in place, and you may need to retain an attorney to get a divorce. If you always held yourselves out as engaged or boyfriend/girlfriend, then there is no common-law marriage. It sounds as though wedding plans were being made so you weren't already holding yourselves out to the public as a married couple. The ring was a gift to you, and you do not have to return it - especially since he is the one who changed his mind about the marriage. You might want to try to find a support group, a church group, or get counseling to help you through this difficult time of transition. Life will get better, and you will get past this - just give it time.
