Legal Question in Family Law in Texas

i am pregnet from my ex and we lived together for over a month and called each other husband and wife and he is on all medical paperwork for me and my unborn baby as my husband , we have meet all the requrments for common law in tx but are we really married because his mother is clamming we are not and so is he


Asked on 3/11/13, 4:15 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

The elements are that

(1) You agreed to live together as husband and wife;

(2) You actually did live together as husband and wife in Texas; and

(3) You held out to the community that you were husband and wife.

This third element is the one that is tricky. Did he tell his family you were married and did you introduce yourselves to friends and family as married? Did you send out holiday cards or anything as "Mr & Ms"? The more "yes" answers you have, the stronger the case.

If you accumulated property during the marriage, this is an important question. If no significant property was accumulated (what could you have accumulated in one month?), then I don't think this is a fight you need to have. You're going to get child support from him. You're not going to get spousal support from him (marriage, even if it exists is too short).

I hope this helps.

Congratulations on your baby and good luck!!

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Answered on 3/11/13, 5:01 pm


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