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I am a 55 year old female have been living with a man age 57 for 8 years I have been ill the intire time and on disablility. We live as a couple which he calls me his live partner. He takes care of me I do not work he doesn't want me to work even parttime because of my disability. Will I ever have any leagal rights as a wife if he dies or decides to ask me to leave?

2006-11-15 05:56:44 · 4 answers · asked by sara 2 in Family & Relationships Marriage & Divorce

4 answers

Texas recognizes common law marriages (only a few states do). I have handled some cases involving common law marriages (tho not in Texas). There are two things I want to tell you: 1. if you have a common law marriage, you MUST go to court for a divorce if you want to end it; otherwise, any later ceremonial marriage can be declared invalid because of bigamy. There is no such thing as a common law divorce.

2. Courts will only recognize a common law marriage if it can be proved in court that the parties considered themselves husband and wife. So merely living together does not prove a marriage, especially in these modern times. Examples of good evidence: the man gives the woman birthday cards addressed to "my dear wife", he introduces her to his friends and family as "my wife", he lists her as his "wife" on his insurance forms and credit applications and other important documents. And the woman has to do the same for the man, or her failure to do so could be used to show she didn't believe they were married. A common law marriage requires supporting evidence and is not something to be taken for granted.

If you're not a "wife", either ceremonial or common law, you don't inherit unless the man specifically includes you in his will.

2006-11-15 06:47:40 · answer #1 · answered by AnOrdinaryGuy 5 · 0 0

Common Law Marriage in Texas FAQ
A "common law marriage" is one in which the parties may hold themselves out as a husband and wife, and under certain circumstances, be deemed married without a marriage license or ceremony.

Texas is one of the states that allows the creation of a “common law” marriage, a relationship in which a couple lives together but have not participated in a lawful ceremony. In Texas a couple can acquire marital rights and responsibilities by living together for a particular period of time. You do not need legal action to end such a relationship, if it was created in Texas.

Texas also recognizes as valid, common law marriages created in other states if the legal requirements of those states have been met. As a result, legal action is needed to dissolve legal “common law” marriages performed in other states and foreign countries in compliance with their licensing and ceremonial regulations

2006-11-15 06:02:35 · answer #2 · answered by Anonymous · 0 0

WHOA WHY WOULD YOU ASK SUCH A MESSED UP QUESTION?????

2006-11-15 06:00:46 · answer #3 · answered by Anonymous · 0 0

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