common law

[donald1234466]

i need help.my gf is saying that we are not married even though we have been together for 17 years;8 children together and we filed income taxes together;filled out paperwork with goverment housing as husband and wife even foodstamps.what can i do?she is texting(as far as i know thats all she doing)with a supposedly "gay"man from work.i fronted her out and now she is saying we're not husband and wife.

 

[Proserpina]

You do have what is known as a common-law or "informal" marriage according to the state of Texas.

If she wants "out", she's going to have to go through the divorce process. You'd both be better off speaking to independent counsel.

Why are you upset about her texting someone though?

 

[army judge]

i need help.my gf is saying that we are not married even though we have been together for 17 years;8 children together and we filed income taxes together;filled out paperwork with goverment housing as husband and wife even foodstamps.what can i do?she is texting(as far as i know thats all she doing)with a supposedly "gay"man from work.i fronted her out and now she is saying we're not husband and wife.

The fact that a man and a woman may have cohabited for 5, 10, or 20 years is NOT determinative of creating a "common law" (more accurately termed an INFORMAL) marriage in Texas.


In Texas, we call it an "informal marriage", rather than a "common law" marriage.

Under § 2.401 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a three-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married.

A 1995 update declares a presumption that there was no marriage, if no suit for proof of marriage is filed within two years of the date the parties separated and ceased living together.

In Texas, a man and woman who want to establish an INFORMAL (not technically called a "common law") marriage must sign a form provided by their county clerk.
In addition, they must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married.

Absent filing of that form with YOUR county clerk, you have NOT created a "legal" "common law marriage" or "informal marriage".

In your case, you're better off NOT being married to her.

You might not see it that way, but after speaking with a lawyer, it'll become clearer.

Texas is a community property state.

I suppose some of the kids are adults, or nearing the age of majority.

You'll likely be able to get away from the she creature with your money and stuff.

Child support is probably looming in your future, married or not!!!!!

However, you would be wise to speak with a local attorney about your exact legal predicament.

Good luck!!!!

 

[Proserpina]

I respectfully disagree, all pink fonts notwithstanding.

It is more than plain that this couple have held themselves to be man and wife, and have created such an "informal" marriage. They filed taxes together, represented themselves as man and wife in order to obtain public housing benefits and food stamps.

They do NOT necessarily need to have filed a document with the county clerk. At. All. The couple CAN register but such a registration is not necessary in order for the courts to recognize it as a marriage. It's an "either/or" situation, not an "and" situation.

This is from Travis County: http://www.co.travis.tx.us/dro/common_law.asp

This from a Texas attorney: http://www.nicholslaw.com/Articles/Texas-Common-Law-Marriage.shtml

 

[army judge]

Read my signature line, as that says it all.

The best advice in legal matters is obtained from an appointed, (or retained) licensed attorney in the jurisdiction where the legal matter is (or could be) pending.

 

[Proserpina]

Read MY first response to this thread.

Says it all.