common law texas

[leslinjohn]

texas my father-inlaw lives with a woman for 14 years. she keeps refering to herself as his wife. she is not too popular with the rest of the family. none of his mail goes there, he has a p.o. box. another man has also lived with this woman for more than 20 yrs as a room mate. the three of them share a house. Is she really his wife? The houses and accounts he has are in his name and my wifes name are those things in jepardy?

 

[Boxcarbill]

texas my father-inlaw lives with a woman for 14 years. she keeps refering to herself as his wife. she is not too popular with the rest of the family. none of his mail goes there, he has a p.o. box. another man has also lived with this woman for more than 20 yrs as a room mate. the three of them share a house. Is she really his wife? The houses and accounts he has are in his name and my wifes name are those things in jepardy?

This is a fact question which if the parties (father-in-law and the woman) disagree, the court decides whether there is a marriage.

Texas does recognize informal marriages (i.e. common law) created within the state. Informal marriage is not based upon length of time. The elements for an informal marriage are (1) a co-habitation within the state of Texas; (2) a holding out to others as husband and wife; and (3) an intent to be married. Number 3 is presumed upon proof of 1 and 2. Failure to bring suit for divorce before the second anniversary of the separation the presumption is that the parties did not intend to marry.