church over state law

What is the name of your state? Texas

My father lived with a woman for 20yrs, but never married her. My father's religion dictated that he could not marry unless his first wife died.

My father has now past away, as has his first wife. Now the woman who was living with him is claiming to have been his common law wife.

Who is right, my father's religious beliefs or her claim?

They are both correct.

Your father's religious beliefs dictate that under the eyes of God the two were not married.

However, under the law of Texas and the state the two were married in law.

The policy of the state of Texas regarding marriage whether ceremonial, common law, or putative is contained in section 1.101 of the Texas Family Code which provides the following:

“in order to promote the public health and welfare and to provide the necessary records, this Code specifies detailed rules to be following in establishing the marriage relationship. However, in order to provide stability for those entering into the marriage relationship in good faith and to provide for an orderly determination of parentage and security for the children of the relationship, it is the policy of this state to preserve and uphold each marriage against claims of invalidity unless a strong reason exists for holding the marriage void or voidable. Therefore, every marriage entered into in this state is presumed valid unless expressly made void by Chapter 6, Suit For Dissolution of Marriage, or unless expressly made voidable by Chapter 6, and annulled as provided by that Chapter. Texas Family Code §1.101.

[nextwife]

WAs he still legally married to your mom while living with this other woman? How long ago did your mom die? In other words, how long did they live together after his legal wife died? Or did he die before his legal wife? I ask because it is not clear from your post what the status of that marriage was, and I do know a gentleman that recently died who lived most of his life with his mistress, but was still legally married to another woman and maintained her home, etc, for her as well.

I don't believe that common law marriage laws apply to persons who are legally married to someone else at the time, otherwise he would have two wives(someone tell me if I'm wrong).

[stephenk]

"My father lived with a woman for 20yrs, but never married her. My father's religion dictated that he could not marry unless his first wife died."

What religion did he practice?