Legal Question in Family Law in Texas
common law marriage
If someone lived together and spit up and was recognized as common law, is there a statue of limitations on how long they can be recognized? They have been split for over 30 years, are they still considered married?
Thank you
1 Answer from Attorneys
Re: common law marriage
Common-law marriage is known as an "informal marriage," which can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a 3-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. However, if a couple does not commence a proceeding to prove their relationship was a marriage within two years of the end of the relationship, by law the marriage never existed in the first place, and no agreement to be married was ever present. See Texas Family Code Sec. 2.401
Let me know if you have any questions. TCL
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