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  1. #1
    Mijama is offline Junior Member
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    Question How/What documentation needed to prove common law marriage in Texas

    What is the name of your state? TEXAS

    I have been in a relationship for the past two years and because we live in the state of TEXAS, we are now recognized as common law husband/wife. Well he is now incarcerated and I am only listed on his visit list as a friend until I am able to provide documentation of our union. I am not sure what to do or where to go in Houston to obtain this information. So any information on this would be appreciated....THANKS!!!!
    Last edited by Mijama; 03-27-2005 at 09:43 AM.
  2. #2
    rmet4nzkx is offline Senior Member
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    Quote Originally Posted by Mijama
    What is the name of your state? TEXAS

    I have been in a relationship for the past two years and because we live in the state of TEXAS, we are now recognized as common law husband/wife. Well he is now incarcerated and I am only listed on his visit list as a friend until I am able to provide documentation of our union. I am not sure what to do or where to go in Houston to obtain this information. So any information on this would be appreciated....THANKS!!!!
    What have you done besides living together?
    First of all, are both of you free to marry?
    Have you represented yourselves to be married or intend to marry?
    Have you listed yourselves anywhere as married?
    Do you combine finances?
    Have you filed your income tax as married?
    Are you sure you really want to be married to this person?
  3. #3
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by Mijama
    What is the name of your state? TEXAS

    I have been in a relationship for the past two years and because we live in the state of TEXAS, we are now recognized as common law husband/wife. Well he is now incarcerated and I am only listed on his visit list as a friend until I am able to provide documentation of our union. I am not sure what to do or where to go in Houston to obtain this information. So any information on this would be appreciated....THANKS!!!!

    My response:

    You aren't married to him. That's because you didn't follow Texas law.

    IAAL
  4. #4
    rmet4nzkx is offline Senior Member
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    Details, details
    Texas: A man and woman who want to establish a common-law marriage must sign a form provided by the county clerk. In addition, they must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married.
  5. #5
    JETX is offline Senior Member
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    Quote Originally Posted by Mijama
    I have been in a relationship for the past two years and because we live in the state of TEXAS, we are now recognized as common law husband/wife. Well he is now incarcerated and I am only listed on his visit list as a friend until I am able to provide documentation of our union. I am not sure what to do or where to go in Houston to obtain this information. So any information on this would be appreciated.
    You MUST comply with the following from the Texas Family Code:
    2.401. PROOF OF INFORMAL MARRIAGE.
    (a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:
    (1) a declaration of their marriage has been signed as provided by this subchapter; or
    (2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.
    (b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married.
    (c) A person under 18 years of age may not:
    (1) be a party to an informal marriage; or
    (2) execute a declaration of informal marriage under Section 2.402.

    2.402. DECLARATION AND REGISTRATION OF INFORMAL MARRIAGE.
    (a) A declaration of informal marriage must be signed on a form prescribed by the bureau of vital statistics and provided by the county clerk. Each party to the declaration shall provide the information required in the form.
    (b) The declaration form must contain:
    (1) a heading entitled "Declaration and Registration of Informal Marriage, ___________ County, Texas";
    (2) spaces for each party's full name, including the woman's maiden surname, address, date of birth, place of birth, including city, county, and state, and social security number, if any;
    (3) a space for indicating the type of document tendered by each party as proof of age and identity;
    (4) printed boxes for each party to check "true" or "false" in response to the following statement: "The other party is not related to me as:
    (A) an ancestor or descendant, by blood or adoption;
    (B) a brother or sister, of the whole or half blood or by adoption;
    (C) a parent's brother or sister, of the whole or half blood or by adoption; or
    (D) a son or daughter of a brother or sister, of the whole or half blood or by adoption.";
    (5) a printed declaration and oath reading: "I SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS HUSBAND AND WIFE AND IN THIS STATE WE REPRESENTED TO OTHERS THAT WE WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON. THIS DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS CORRECT.";
    (6) spaces immediately below the printed declaration and oath for the parties' signatures; and
    (7) a certificate of the county clerk that the parties made the declaration and oath and the place and date it was made.


    You can contact the county clerks office and see if they have a form for your use.
  6. #6
    I AM ALWAYS LIABLE is offline Senior Member
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    My response:

    So, what does all of this mean?

    Well, for one thing, you're not going to get any conjugal visits. That means, no nookie, no making the bedsprings creak.

    So, you may as well find yourself another criminal - - preferably, one that's on parole. He's the guy living in the trailer next to yours.

    IAAL
  7. #7
    seniorjudge Guest
    I have been in a relationship for the past two years and because we live in the state of TEXAS, we are now recognized as common law husband/wife.

    Time is not an element in proving common law marriages (see prior posts for the elements).

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