Houston, TX asked in Civil Litigation, Divorce and Family Law for Texas

Q: How do I prove I am common law married in texas? The narcissist partner says they aren't as it doesn't serve need

had bank acct now closed. Current truck together, opened business with a partner while wife financially supported. Purchased motorcycle in his name and she paid payments and insurance, she or his mother paid storage intro as husband and wife. Received packages with spouse last name(packages not kept). Claimed as dep on inc tax. Both of his sons said to either police or state shrink that she is step mom. Went on honeymoon paid for by friends. (Has video of open gift ) He made her leave in June. Kept items he said she could have back but won't let her have them now. And in December started staying with her at her new place (cameras there)( her place of work) every night except when out of town working. Left again at end of January. He cheated. Mental and physical abuse of disabled person.Also went to jail in Coldsprings while separated and with other woman. He got her fired supposedly and she supposedly sent his boss a picture of him smoking meth drugs she didnt phone hacked told him

2 Lawyer Answers
Amir Tavakkoli
PREMIUM
Amir Tavakkoli
Answered
  • Houston, TX
  • Licensed in Texas

A: It comes down to whether or not you held yourself out to public as husband and wife. To determine that, a divorce would have to be filed, the other party can contest it, and the judge would take into consideration a variety of factors (joint accounts, joint ownership of property, joint tax returns, witness statements, etc) to determine whether a marriage existed. If you file for divorce and the other side doesn’t contest, you won’t even need to prove it.

Sharita Blacknall
Sharita Blacknall
Answered
  • Dallas, TX
  • Licensed in Texas

A: According to Chapter 2.401 the Texas Family Code, a common-law marriage must have these three elements:

1.The couple has agreed to be married;

2. The couple has agreed to live together as husband and wife;

3. The couple has represented themselves as a married couple to others.

The court uses factual evidence to determine the validity of a common-law marriage in Texas. This means that cases are reviewed on a case-by-case basis to ensure all angles are covered.

Because a common law marriage has the same legal status as a formal marriage, common-law couples who wish to dissolve their union must seek a formal divorce. There is one difference, however. The couple must prove to the court that they were in a common-law marriage. The person who initiates the divorce proceedings typically has to prove the existence of the marriage.

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