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Originally Posted by ejohnsontx What is the name of your state? I reside in North Carolina but the state at question is Texas. I lived in Texas my whole life until recently when I moved to NC, well I had a boyfriend in Texas that I lived with for 1yr and 8mos. After we broke up I moved to NC I have since started a new relationship and he did some digging and found that in Texas I am considered common law married to my ex Courtney Johnson who shares the same last name I do but we have never been married nor did we claim to be. My question is this true and if so what steps do I need to take to aliviate this situation?  My Name is Esther Johnson |
So you both happened to have the same last name before you got together? Well Texas calls it an "informal marriage," rather than a common-law marriage. Under § 1.91 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. The 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.
Unless you somehow met the 3 prong test and never represented yourselves as married such as on a lease or tax return, etc, then after 2 years you should be home free insofar as your ex making any claim. If he does, then you will have to get a divorce.
02-25-2006, 07:11 PM
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