Legal Question in Family Law in Texas

Re: Common Law Marriage

If within 2 years after your husband ceased to co-habituate with his CL wife she or he neither one filed for a divorce then the presumption that your husband and his CL wife intended to be married is broken and they were not common law married. If you are in the Houston area and need more help contact our office.

Re: Common Law Marriage

If your husband had a valid common law marriage that was recognized under the laws of Texas, then TN will recognize it. Which makes makes your present marriage void (no good); which can cause you a big problem if your husband dies and his Texas common-law wife asserts her rights as a surviving spouse in a probate court.

Re: Common Law Marriage

A common law marriage in Texas is legally binding and requires death, divorce or annulment to terminate the marriage. Your marriage to him is void. He needs to get his divorce from his first wife, and then marry you. TCL

Re: Common Law Marriage

This is the kind of question that makes your head hurt. Couples can not form a common law marriage in TN but TN recognizes a valid common law marriage consumated in another state. It is my understanding that in TX A man and a woman may agree to become husband and wife, live together as husband and wife, publicly profess to be husband and wife, and thus establish the elements of a common-law marriage relationship. Texas recognizes common-law marriage, but does not recognize common-law divorce or annulment. Thus, if it was truly a common law marriage, then I imagine he would have to be divorced before he could marry again. You might wish to hire an attorney to do some research on this before jumping to any concusions. I would do so if I were you. Best of luck.

Re: Common Law Marriage

Ok - by now you are totally confused and pulling your hair out!

So here's opinion #3 --

Under Family Coce 2.401 -- if a proceeding in which a marriage is to be proved is not commenced before the second anniversary of the date on which the parties separated and ceased living toegther, it is rebuttably presumed that the parties did not enter into an agreement ot be married.

So there is a possibility you are legally married.

I would urge you to consult with a Texas attorney and not rely on emails.

Once again, this proves that you should hire an attorney!

Attorneys went to law school to understand the language used by our legislatures!

Good luck!