Why not be a lady and get married legally?
Good luck!
2007-03-07 05:40:49
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answer #1
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answered by Raspberry 6
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Waddy is exactly right. In order to be considered common-law married (in TX or any other state that recognizes it) it takes MORE than just living together for a certain amount of time. The link that he supplied tells in detail what's required.
By the way, I don’t know who gave him a thumbs down, but I hate it when people give a thumbs down on a LEGAL answer that’s CORRECT. Just because an answer is not what you want to hear or what you think the law should be, doesn’t mean it’s not the legally correct answer.
2007-03-07 14:03:39
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answer #2
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answered by kp 7
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Common law requires that you satisfy a three part test. As far as time limit, Texas is very diffrerent. You could be living together for twenty years and if you don't pass the three part test you're still not married as far as the state is concerned, if you have more questions please check the website below.
2007-03-07 13:42:15
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answer #3
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answered by Waddy 3
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6 months to a year
2007-03-07 13:41:57
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answer #4
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answered by Lil Nena 2
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several things must happen to be considered common law married.
#1 U must present yourself as man and wife
#2 U must have a combined checking account with both names
#3 U must reside in the same household for a minimum of 6 months
U must have all 3 things to be considered common law...
2007-03-07 13:41:35
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answer #5
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answered by sunbun 6
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You are thinking of a Common Law marriage. It isn't something that is accidental. You both have to declare yourself married.
2007-03-07 13:42:38
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answer #6
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answered by tain 3
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In Florida it's 6 years. My boyfriend is smart, we've been together for almost 6 years without marriage but he doesn't live with me either.
2007-03-07 13:42:16
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answer #7
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answered by DrPepper 6
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Here are the rules for Texas common law marriage to exist.
There is more to it than just living together, and no period of time is specified.
http://jerrymelton.com/provingcommonlawmarriage.htm
2007-03-07 13:41:32
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answer #8
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answered by MOM KNOWS EVERYTHING 7
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Its an old law in Texas (one of the old blue laws) and it is 7 years, it called common law marriage.
2007-03-07 14:06:51
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answer #9
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answered by Tony S 5
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There is no statutory length of time. A night or two has been sufficient, if the other requirements to prove common law marriage are met.
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.
Among those states that permit a common-law marriage to be contracted, the elements of a common-law marriage vary slightly from state to state. The indispensable elements are (1) cohabitation and (2) "holding out." "Holding out" means that the parties tell the world that they are husband and wife through their conduct, such as the woman's assumption of the man's surname, filing a joint federal income tax return, etc. That means that mere cohabitation can never, by itself, rise to the level of constituting a marriage. Of course, many disputes arise when facts (such as intentions of the parties or statements made to third parties) are in controversy.
While it is presently only possible to conclude a common-law marriage in a limited number of jurisdictions, it was formerly much more widely possible. Many valuable estate rights today continue to depend the right to inherit through a common-law marriage concluded in the past in a state which subsequently abolished common-law marriage. The relevant laws of those states that have abolished common-law marriage are prospective in application, which means that common-law marriages contracted prior to the effective date of the statutes are valid.
Remember that the United States Constitution requires every state to accord "Full Faith and Credit" to the laws of its sister states. Thus, a common-law marriage that is validly contracted in a state where such marriages are legal will be valid even in states where such marriages cannot be contracted and may be contrary to public policy.
There may be bizarre consequences of such a rule. For example, suppose an unmarried couple from New York City makes a weekend outing to one of those hotels with the heart-shaped bathtubs in the Poconos. (Assume for purposes of this example that the former [i.e., pre-9/17/03] common-law marriage law of Pennsylvania was in effect.) They register as "Mr. and Mrs." They have just, possibly inadvertently, satisfied at least one portion of the evidentiary requirements for a common-law marriage in Pennsylvania (cohabitation and "holding out") and may have created a legitimate question regarding whether they are married when they return to New York. In they event of a dispute between them in New York after they return, a New York court must apply the laws of Pennsylvania to determine the validity of a common-law marriage purportedly contracted in Pennsylvania. (Pennsylvania law, while recognizing common-law marriages, does not allow such marriages to arise through inadvertence.)
There is no such thing as common-law divorce. Once parties are married, regardless of the manner in which their marriage is contracted, they are married and can only be divorced by appropriate means in the place where the divorce is granted. That means, in all 50 states of the United States, only by a court order.
Because the law of marriage and divorce varies from state to state, a person who may have valuable rights affected by such laws should consult with an attorney who specializes in such matters. The foregoing should not be construed as legal advice, which can only be given by an attorney who is admitted to practice in your state, to whom you pay a fee, and who in return undertakes to protect your rights and to explain your responsibilities.
2007-03-07 13:50:35
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answer #10
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answered by 2shay 5
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