do i have any rights as a common law wife of 20 years in the state of texas?

Answer 1

Texas calls 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 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. A 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.

Answer 2

As so long as you have already both gone to the county clerk and legally declared your marriage before them, and have gotten a marriage license you have all the rights as every other wife in Texas. The only thing is that social security doesn't accept common law marriages and your name must cannot have changed.

So if you've done that, then you are entitled to 1/2 of everything own during the marriage from the time you declared it at the count clerks office.

Answer 3

You sure do. Texas recognizes common law marriage. See the site below, and talk with an attorney.

Edit: The person who said that common-law marriages are only recognized in Texas and one other state is incorrect; currently, common-law marriages are recognized by: Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah and Washington, D.C.

Answer 4

Yes...I am not a professional but I am sure you do...Over the 20 years together I am sure you have accumulated alot of things together...kinda like have martial property. The law would see it as such, just have proof of what you did do for the relationship....All states differ so it would be best for you to talk to legal aid. I'm sure they can help... I was married for 29 years and the X sued me for a divorce, I went after alimony because I had never worked...the courts turned me down, so it just goes to prove this like this has alot to do with the state in which you live. Good luck to ya, I wish you all the best....

Answer 5

of course you do go on line to common law marriages then look up the state of texas should help you

Answer 6

As a matter of fact you do. Texas is one of the only two states that recognize common law marriage

Answer 7

First you have to prove that you have one. This link to the Travis County, TX website will answer your questions.

http://www.co.travis.tx.us/dro/common_law.asp

Three elements must be present to form a common law marriage in Texas.

First, you must have "agreed to be married."

Second, you must have "held yourselves out" as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as "my husband," or you may have filed a joint income tax return.

Third, you must have lived together in Texas as husband and wife.

Answer 8

Unfortunately the laws have changed regarding common law marriage with the partnership thing with gay men. OK if you have ever signed your name as his last name or filed taxes (Federal) as man and wife you MAY be legally married. If you have then you need to contact your local legal aid office and ask this question.. If you haven't done any of these things you may just be that, a live in girlfriend.

Answer 9

Sure do just as if you got married. Except Texas law doesn't allow spousal support... separate maintenance instead depending on your situation.

Answer 10

hmm pennypincher is your name sounds like your out to do some dirty deeds... i feel sorry for your man because your out to ruin him obviously. its women like you that these laws should have never been set. abuse the laws enough and they will be changed. i hate greedy women always tring to get something for nothing and these types need to be burned at thier own game.