Legal Question in Family Law in Texas

marriage common law

My girlfriend and I have been living together for 1.5 years we leaved in Colorado , Texas and now Pennsylvania we own a house in Pennsylvania together and I own a house in Texas we want to get common law married because we love each other and also for the work health benefits because i work and she doesnt. We plan on getting a marriage license later and doing it the right way later. My quesion is what do we need to get common law married she has Pennsylvania drivers license and I have a Texas drivers license also how long do we need to stay in texas after common laww has been establish also will Pennsylvania recognized this common law marriage,will this affect us later when we do get a marrige licence and ceremony.


Asked on 1/29/08, 5:22 pm

1 Answer from Attorneys

Arthur Bashor Arthur N. (Art) Bashor, Attorney at Law

Re: marriage common law

Please don't think that I am trying to be mean or rude to you, because I understand that you are in love and you want to make a life together with your partner and that is a wonderful thing.

But you are digging yourself a great big legal hole and it will cost you a fortune in legal fees to get yourself out of it.

Look at what's happening here: you have lived in multiple states: which one has legal jurisdiction over the relationsip and your property?; You own real estate in different states both jointly and separately, which states laws apply to the property?; You are probably commingling your bank accounts, personal property, and maybe your credit accounts; And you are actually trying to establish a common law marriage that will only make your legal rights and responsibilities legally ambiguous.

What you really need to do is have a lawyer draw up a cohabitation or a prenuptial agreement to clarify your legal position. This is going to be true even if you subsequently become legally married.

Love is a wonderful thing. Just don't let it make you do things that are imprudent and that you will later regret.

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Answered on 1/29/08, 6:03 pm


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