Legal Question in Family Law in Texas

Common law marriage

What would constitute a common law marriage in Texas?


Asked on 12/06/00, 1:50 pm

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: Common law marriage

living together as husband and wife and telling other people that you are married i.e. "holding out to the public".

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Answered on 12/07/00, 10:25 am
Fran Brochstein Attorney & Mediator

Re: Common law marriage

Section 2.401 contains the proof of Informal Marriage in the Texas Family Code -- It states that a man and woman must agree to be married and after the agreement they lived togther in Texas as husband and wife and represent to others that they are married.

This can occur by living together for a brief period of time. Both parties must be over the age of 18. You cannot be married to someone else and also have a common law marriage. If you file tax returns as married the IRS will view you as married.

You can also go to courhouse and file a form declaring that you are married.

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Answered on 12/07/00, 7:55 pm


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