Legal Question in Family Law in Texas

does common law marriage count?

We went to courthouse in 1998 and did the common law marriage, then in 2002 we were married by a judge. We have 2 properties, savings, stock accounts etc. I only want help getting into a home, then I will pay for it, plus my personal things and car. What can I reasonably expect when filing for divorce? A rough sketch please.


Asked on 2/01/06, 7:33 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: does common law marriage count?

If you registered your marriage at the courthouse in 1998 then you are considered married as of 1998.

What you are asking requires a crystal ball. And my crystal ball is hazy today - sorry!

Basically, anything you brought into the marriage you leave with - debts and assets.

Debts and assets since the date of marriage are community property usually. You split the debts and assets up 50/50 usually. There may be separate property and you need to talk to an attorney to determine if you have separate property.

Sometimes the courts split 40/60. I rarely ever hear of a 10-90 split but it occurs occassionally.

You are usually not entitled to spousal support. However, there are some circumstances where you might be entitled to some spousal support (aka alimony).

I usually recommend strongly that you consult with an attorney in your county.

You can visit the Houston Bar Association's website (I think www.hba.org) and they have a wonderful free brochure on family law available on their website.

Every time you see the word USUALLY in this response, you need to be aware that there are many different options depending on the facts in your particular case.

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Answered on 2/01/06, 8:28 pm


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