Legal Question in Family Law in Texas

common law marriage

my son is getting married and his future wife is concerned. She lived with someone on & off for a number of yrs. They never bought property together, never had a joint bank account, never filed joint tax returns, never filed a marriage agreement. He did tell people they were married SHE DID NOT. She was ill & in the hospital..he told them she was his wife & after that ordered her an insurance card on his policy under his name. He was abusive & she left him when he told her that her name was not on the lease so get out. We have a full blown wedding already planned and this former live in will call her & ask if they are still married. She tells him they were never married. IS SHE MARRIED COMMON LAW TO THIS GUY.


Asked on 11/11/07, 5:56 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: common law marriage

IF at least two years has elapsed since the couple split up and ceased living together, and there has been no legal proceeding filed to dissolve the purported 'marriage', then it is a non-issue. It is a rebuttable presumption that they never intended to be married.

One of the requirements of an informal marriage is that they agreed to be married. If he wants to make a mess of this wedding, he is going to have to file a divorce petition (within the two year period), and he has the burden to prove that they AGREED to be married.

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Answered on 11/12/07, 7:38 am


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