Legal Question in Family Law in Texas

In the state of texas if you are married and never divorced and remarried again is the second marriage legal. as far as the second marriage is the party entitled to any residual or compensations from the first marriage.


Asked on 4/11/11, 3:30 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

I suggest you read Davis vs. Davis (521 SW2nd 603), a 1975 case.

The second spouse is a "putative spouse," assuming that she is "innocent," that is, she didn't know about the first (unresolved) marriage.

First wife is still entitled to her community half of property. Second wife is probably entitled to half of the husband's half.

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Answered on 4/13/11, 3:42 pm


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