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Common Law Marriage in Texas

Discussion in 'Divorce, Separation, Annulment' started by SAV74, Jan 26, 2008.

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  1. SAV74

    SAV74 Law Topic Starter New Member

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    My partner and I are heterosexual. We signed an Affidavit of Domestic Partnership indicating that we qualified for Domestic Partnership back in 2002. He put my daughter and me on his insurance and made me his beneficiary. He is my beneficiary on my life insurance as well. He buys me a Promise Ring. We buy a house together. He is on the mortgage loan. I am on the Deed of Trust. He buys me a truck that he finances in his name. Everything we have is in his name. I pay for some utilities and take care of the home while he is away at work. We've lived together for 6 years. He comes home from working in out of the country and tells me he is unhappy and wants my daughter and me to move out. I filed for a divorce. We go to mediation next week, but if we cannot agree on terms then he will pursue a trial based on the fact that we were never common law married. Is an Affidavit of Domestic Partnership the same as an informal marriage?
     
    Last edited: Jan 26, 2008
  2. lwpat

    lwpat Moderator

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    No. The Affidavit is used to add you to his insurance. It is likely that a court will hold that you are common law married. I think TX is a community property state so that anything purchased by either of you is marital property to be split. A trial will delay everything and be expensive for both of you. Everyone will be better off if you can come to a fair and equitable agreement.

    It is in your best interests to consult with an attorney even if you do not have him go to the mediation with you.
     
  3. Scooterdog

    Scooterdog New Member

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    Only ten states recognizes common law marriage, and Texas is one.

    It appears in Texas, that the years you lived together, have little to do with you being married or not. It would only be helpful to show you were together. YOu have to meet the 3 point test in the quote above, if you can do that, then it appears you have a very strong argument.

    If you are in Mediation, is the State considering you married?

    Heres the Texas Law: Tex. Fam. Code Ann. § 2.401
     
    Last edited: Jan 27, 2008

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