Legal Question in Family Law in Texas

common law mariage

I understand the three points concerning common law in Tx. If you were engaged & living together, introduced as his wife, told by him he considered you his wife, have phone bills and other household bills in same last name but no joint ck. accts. or joint tax returns, and at same time have own last names on papers and have lived this way for six yrs. does this constitute common law? If one party, after a separation, decides they don't want to be considered married how does the other party prove this person felt,said and showed the opposite while still together?


Asked on 12/24/99, 7:39 pm

1 Answer from Attorneys
Alicia Fortson Law Offices of A. G. Fortson

Re: common law mariage

Once the three pronged test for common law marriage is established -agree to consider yourselves married, cohabitate, and hold yourselves out as married - a divorce may be necessary to dissolve the marriage. You should file the divorce papers within two years after you all stopped living together. If you do not file within two years, the presumption is that you all were not common law married. However, this can be rebutted.

If you are in the Dallas area or surrounding counties, feel free to contact my office for additional assistance at 214.712.9242.

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Answered on 1/08/00, 10:40 am


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