Legal Question in Family Law in Texas

Iam seeing a lady now, she has been living with this guy for 13 years. I think that it is a coman law marrige. Does she have to get a divorce before we go any farther.


Asked on 9/11/10, 8:27 am

2 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Living with someone does not make a common law marriage in Texas.

The Texas Family Code is on-line. You can look it up yourself. Or you can look on my blog www.txfamilylaw4u.blogspot.com. Sometime in the past I address Texas common law marriage.

Basically, you must agree to be married, tell people you are married and be able to prove to a Judge that you are married.

Is there any property to divide? If there is no money or assets, then after 2 years of being separate, it is PRESUMED that they never meant to be married.

Happy Dating!

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Answered on 9/16/10, 8:51 am


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