Legal Question in Family Law in Texas

common law marriage

If two people live together 15 years in the females house, female becomes incapacitated with alzhiemers, taken to Iowa placed in Nursung home by male friend, who states states no children, there is one aopted child and four stepchildren, they come to Iowa file for guardianship and win, he states they were never married then goes back to Texas to her home, bought before meeting him and file suit to control all of her estate because she left it to him in her will, she is not dead yet. She is in stage 3 alzhiemers, and he now is claiming common law although she always stated they were just friends, his friends are going to say they felt it was common law because they lived together and recieved mail at the same address.With her keeping every thing separate is this common law?


Asked on 7/24/00, 5:44 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: common law marriage

Depending where he made the statement about not being married, ie. whether in court documents of nursing home application, might be some evidence of no common law marriage. If the couple held themselves out as married, considered themselves married and lived together as husband and wife is further evidence of common law marriage. All of these aspects are factual and depend upon the Court to decide what is most important and what is truthful or not.

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Answered on 9/12/00, 5:37 pm


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