Texas Common Law Marriage
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Jane

Ennis, TX

#42 Jul 31, 2012
Confused lady wrote:
This is my first time ever hearing of an affidavit of common law marriage. I'm confused and need a better understanding!! My boyfriend is incarcerated in Texas and he sent me the affidavit from prison, my questions are after filling them out and having them notarized are we considered really husband and wife? Would we have to file a divorce if ever split up? And do you receive a marriage license for an affidavit common law marriage?
I want to know the same thing. Have you for out yet?
Jane

Ennis, TX

#43 Jul 31, 2012
hello i would like to know the answer to this question have you found out yet?
Dianna Ware

Houston, TX

#44 Aug 28, 2012
My father is deceased as of 6/1/12 age of 73

He lived with a girl for approx 12 years.She is 48. They always told everybody that they were not married because she was drawing social security or VA benefits on her deceased husband. Two children were born 7 & 12.(I do not believe they were his) but his last name is on their birth certificate. I'm sure she was probably on his checking account by her own last name. The only time she used my dad's last name was on his death certificate. Now that the will is being probated she has said that they were common law married. Is this possible?
You all are

United States

#45 Oct 9, 2012
Retarded !
Dianna Ware

Galveston, TX

#46 Oct 9, 2012
so someone please tell me. My Dad was 73; passed away this last June. He lived with a lady 47 for approx 13 years. They never got married - she was drawing Veterans Widowed Spousal amount from her past dead husband. She only went by his last name and not my fathers. But since my Dad passed and she wants to be included in his estate she now has filed threw a lawyer that she was CL and she wants a Trial by Jury. I can't understand her telling a jury tha she was his CL wife which also will tell a jury that she has been defrauding the govern for this period of time. I read when someone wants a trial by jury in this situation that she is wanting compassion from 12 juriors. Do you really think that potential jurors would feel sorry for her lieing? She has been manipulating my Dad and it really falls into a catagory of Elderly Abuse. I just wished I would have figured all this out before my Dad past away.
meschellep

Andrews, TX

#47 Apr 8, 2013
everyone has forgotten the 4th rule of cl marriage. both parties have to intend on marriage. its not as simple as hustling saying hey we live together for two weeks. were married. dint know if it still stands but cohabitation was at least six months.
QUESTION

Richmond, TX

#48 May 21, 2013
I live in Texas and am recently married, now i am finding out my current wife had filled joint tax returns with her ex boyfried stating married filling jointly does that mean they were common law married and if so does that mean our marriage is not legal? they had joint bank account and financed a house and truck together as well, please advise, thank you
Shirley

Katy, TX

#49 Sep 28, 2013
Nope wrote:
You do NOT have to go to any court house, raise said hand or swear to the truth. All you need, by Texas law is to meet the three point criteria for CL marriage. 1. Mutually agree that you're married 2. You must reside together as husband and wife and 3. You must hold each other out (acknowledge person as your husband/wife) as being married in front of others.
Although you can file what is called a Declaration of Marraige form at the courthouse- and this is probably what will make getting a new DL and SS Card much easier. It isn't required though in order to be legally married in Texas.
This law should not exist. If two people want to be married the it should be agreed upon by both parties and registered.

Since: Sep 13

United States

#50 Sep 29, 2013
Yep wrote:
I am "common law" married. You go to the County Clerk's office, fill out the affidavit, raise your right hand & swear to the truth, and BAM you are married. It is a recognized marriage. You do have to get divorced to dissolve the marriage. You cannot marry anyone else. You can use the certificate to change your name on your DL and Social Security card. You are NOT common law married unless you have the certificate of common law marriage regardless of how long you lived together, joint accounts, babies, etc.
Lmao... They lied to you. I loved my family law class. You are legally married if and when you meet three points if criteria. Don't lie to others and offer advice if you have no idea what you're talking about.
lili

Houston, TX

#51 Sep 30, 2013
can you get common laied if only you have a social but your partner doesnt?

Since: Sep 13

Gladewater, TX

#52 Oct 9, 2013
lili wrote:
can you get common laied if only you have a social but your partner doesnt?
SS has nothing to do with it. If your partner doesn't have a SS are they illegal? Three pieces of criteria have to be met to even fit common law. If your partner is illegal no you can't be considered ever common law married.
JRL

Austin, TX

#53 Dec 13, 2013
My question is my son moved out with his fiancÚ and they have same bank account,Cell phone and on there auto insurance they put her last name as his so looks as though they are married and I am sure for discount.Anyways we still have insurance on him and he is abusing our health insurance coverage to be covered by end of year and he is about to be 21.Doesnt talk to his family anymore.So should he even be covered on our plan anymore if he is living in this way?Wanting to do right thing.Thank you
Logical thing

United States

#54 Dec 30, 2013
JRL wrote:
My question is my son moved out with his fiancÚ and they have same bank account,Cell phone and on there auto insurance they put her last name as his so looks as though they are married and I am sure for discount.Anyways we still have insurance on him and he is abusing our health insurance coverage to be covered by end of year and he is about to be 21.Doesnt talk to his family anymore.So should he even be covered on our plan anymore if he is living in this way?Wanting to do right thing.Thank you
.

The logical thing to do: is to keep him of the coverage. He wants to be independent and on his own, so he should learn how. You are just giving him tough love.
dirty

Henderson, TX

#55 Jan 21, 2014
Stuck
Killer B

Livingston, TX

#56 Mar 5, 2014
enlighten me wrote:
Common Law Marriage in Texas has been an issue of debate where I work. I've researched it on the web and have found conflicting answers. Everyone I've talked to about it have different views and answers. Policemen and sheriff's deputies have stated that it is recognized but the criteria they use is different than that which some health insurance companies base eligibility of coverage upon. I've been told that if a couple lives together, both receive mail at the residence, file taxes together, etc then they are considered common law.
So my question is does Texas recognize common law marriage? If so, on what basis? Have any of you dealt with this before or know of someone who has?
It is informal marriage. Go to county clerk file for an informal marriage...The redefined marriage. Formal and informal.
Landa Johnson

Houston, TX

#59 Jun 13, 2015
How do fill out a common law marriage affidavit? Do I fill in the date as the date I filled it out of earlier?
Thomas

Sulphur Springs, TX

#60 Jul 9, 2015
Is everyone afraid of lawyers or too cheap to pay for the correct information. For all you individuals coming on a forum seeking legal advice on important matters with the possibility of destroying everything you have accumulated through diligence and hard work, I ask you, "Are you serious?".

Lawyers go to school and are trained professionals. Would you hire a plumber to build you a home, or let a cop perform triple bypass on your loved ones? Seriously people, quit being cheap and save yourself some major headaches. Quit shacking up with someone (if you love them enough to lay down with them, procreate, and / or buy property together), then please protect yourself and your children and marry them.

Quit expecting the federal, state, local officials and the courts to clean up the mess you create because you were too lazy or too dumb to take care of business and protect yourself.

Sheesh, and everyone wonder why the kids today exhibit repulsive behaviour. Hint, hint; who do they have as role models to emulate?

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