Legal Question in Family Law in Texas

Before me and my husband married, he had a 9 years relationship with his ex and they have a son. Then they seperated and she got married after 1 year they split. My husband married me 6 months after she married.

It's been 3 years after they seperate, now suddenly she said that they are in common law marrige when they're together, so she should entitled something of my husband property and want to sue him about this.

My question is... IF their common law marriage is established, can she now claim her right after 3 years they split. Besides, she's married before my husband married me and she still currently married.


Asked on 7/26/12, 9:26 am

1 Answer from Attorneys

TC Langford Langford Law Office

Am somewhat confused by your timeline, however, GENERALLY speaking, there are two rules that seem applicable here:

1. IF an informal marriage exists, the parties separate and neither party seeks redress in the courts for a period of two years, then the informal marriage is dissolved.

2. No one can have two legally-binding marriages co-existing at the same time in Texas. Only the first valid marriage exists, until it is legally dissolved.

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Answered on 7/26/12, 9:59 am


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