I found out,that we are NOT common law.Only thing I found on the paper is his last will from 1997,where he is stating that in case of his death he is leaving the house to his PARTNER(to me).He did introduce me as his partner to his friends as well as I introduced him to mine.could that be enough in case of establishing common law in tx?During our relationship I put a lot of money into the house,but also he purchased about 18 houses in New ZEALAND.What can i do,not to leave with the naked behind after 12 years of our relationship?Can somebody give me any answers?
2006-06-29 07:30:09 · 14 answers · asked by inuska_2000 1 in Family & Relationships ➔ Marriage & Divorce
Found this on the internet...but you will definitely have to hire a lawyer...a good one.
Texas calls it an "informal marriage," rather than a common-law marriage. Under § 1.91 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 3-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. The 1995 update adds an evidentiary 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.
Were you on his health insurance?? Car insurance?? Spouse beneficiary on his 401K / Life insurance policy?? anything that lists you as his spouse?
2006-06-29 07:38:46 · answer #1 · answered by mitanbarr 3 · 0⤊ 0⤋
He is not ill or on his death bed is he? I sure hope not!!!! Because if he's not, none of this makes any sense! I don't understand why you are putting yourselves through this! The two of you have been together for 9yrs and you have a child together! Just because you two are separated now doesn't mean that you guys can't get Married and make it legal and less confusing for every one!!!! It should not mess up your situations, unless you/he have already married some one else! If that is the case he can just change his will to go to his child, he can put on there that you, the mother of his child, is the beneficiary, until your child reaches the legal age!!!!
Good Luck
2006-07-11 04:28:24 · answer #2 · answered by bigred 4 · 0⤊ 0⤋
If you didn't sign papers on the house and only he did I doubt very much if you will be able to retain the house if there is nothing in writing as far as the two of you being "partners". In order to establish any cohabitation you have to have some sort of civil contract. I suggest you consult a lawyer.
2006-07-12 23:29:47 · answer #3 · answered by Anonymous · 0⤊ 0⤋
yes i am 4rm texas and texas does recognize common law marriage more than 6 months under the same roof your married yes i know this for sure but someone pulled the stuff up on the internet dont sound right to me b/cuz half of my family does the common law thing and all property should be disbursed evenly community property but let this be a lesson to you don't play house make house for real have the next man marry you
2006-07-13 05:31:14 · answer #4 · answered by TEXXBRATT 3 · 0⤊ 0⤋
You decided to play house without bothering to marry. Your choice. Now, you seem to want a divorce settlement, without marriage. Why? Your child deserves support, but you deserve nothing. You failed to follow "the rules", which say, get married, then have children. When a person doesn't follow rules, then whines about how things go bad, it mistifies me. Rather like whineing that a dish doesn't turn out well, just because you used salt rather than sugar in the recipe. Sadly, the child is the one who is going to pay for the immature, spoiled behavior that both adults have engaged in.
2006-07-08 23:46:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Common law marrage is only recognised in certain states. Here too, if you vvacationed in a state wehre it was recognized, and held yourself out to be married, you may potentially be.
NO was around it, you need an experience matramonial attorny to walk you thru this and, of course, to establsh support for the child.
2006-07-13 06:16:45 · answer #6 · answered by Anonymous · 0⤊ 0⤋
did y'all have anything together? bank account or bills in both names? i am in tx too, and i am in a common law marriage with my partner. i have a bank acct and i am on his insurance so it makes it legal. but texas is not an alimony state, but it is a state that will give you half if you can proove that you were common law married.
2006-07-10 01:55:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You'll need to seek the advice of a lawyer in your area, each state is different. Technically you aren't married, just hope he doesn't get married before he takes his dirt nap. Again, consult with a lawyer...
2006-07-11 12:38:33 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I agree with "ontheotherhand"
You can't have your cake and eat it too.
Geezzzzz.
If you wanted a roommate, you shouldn't have gotten pregnant.
If you wanted a husband, you should have gotten married for real.
If you wanted to be left in the dust with a child to take care of then live in TX and claim commonlaw marriage.
people like you make me sick.
selfish. and stupid
2006-07-12 11:47:33 · answer #9 · answered by scarlettzena 1 · 0⤊ 0⤋
It's also called palimony. You have to hire an attorney and go to court to prove that you are entitled to a portion of his possessions.
2006-06-29 07:51:35 · answer #10 · answered by Brenda F 2 · 0⤊ 0⤋