Common Law Marriage in Texas

[SAV74]

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?

 

[lwpat]

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.

 

[Scooterdog]

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

Three elements must be present to form a common law marriage in Texas.
First, you must have "agreed to be married."
Second, you must have "held yourselves out" as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as "my husband," or you may have filed a joint income tax return.
Third, you must have lived together in this state as husband and wife.
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You will need to prove up the elements of the common law marriage doctrine: In order to do this, you must show evidence on each point. Your own testimony can be evidence of the existence of a common law marriage; for example, you can testify that your partner introduced you in social situations as his wife, or that you introduced him as your husband. Other people can also testify to the same effect. In addition, you can ask the court to consider documents which reflect that you and your partner held yourselves out to the world as being married. Typical documents presented in these types of cases include leases signed as husband and wife, tax returns filed jointly as a married couple, and insurance policies listing one person as the other person's spouse.

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