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  #1  
Old 02-27-2005, 01:01 PM
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Join Date: Feb 2005
Posts: 1

Would this be a Common Law marriage?


What is the name of your state?What is the name of your state? Texas. My gal-pal and I are discussing possible arrangements to reside in the same place .. her house. We're both unmarried and do NOT want to get married .. just reside in the same location. I'm primarily concerned about Texas Common Law marriage laws and do not want either one of us to be faced with Texas viewing our arrangment as one where we are considered married. I'm thinking [aloud] now ... if I were to pay her x - $ amount each month as 'rent' .. would that negate any Common Law marriage intrepretation or am I thinking [still aloud] about something that some lawyer would only consider as a 'scheme' to circumvent the Common Law marriage laws? Any/all intelligent guidance will be greatly appreciated. Thanks!
  #2  
Old 02-27-2005, 01:07 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by thebesthotmale
What is the name of your state?What is the name of your state? Texas. My gal-pal and I are discussing possible arrangements to reside in the same place .. her house. We're both unmarried and do NOT want to get married .. just reside in the same location. I'm primarily concerned about Texas Common Law marriage laws and do not want either one of us to be faced with Texas viewing our arrangment as one where we are considered married. I'm thinking [aloud] now ... if I were to pay her x - $ amount each month as 'rent' .. would that negate any Common Law marriage intrepretation or am I thinking [still aloud] about something that some lawyer would only consider as a 'scheme' to circumvent the Common Law marriage laws? Any/all intelligent guidance will be greatly appreciated. Thanks!

My response:

If she's really ugly, then no one in their right mind would ever believe that you had any intention of being married to her. Just say, "Are you crazy? Just look at her! She looks more like a wildebeest or Quasimodo than a human!"

Or, you could have a "Roommate Agreement" drawn up, and signed by both of you, stating both of your purposes and intentions - - one of which is the intention that neither of you can create a "marriage" with each other during the term of the agreement.

IAAL
  #3  
Old 02-27-2005, 01:12 PM
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Join Date: Jul 2004
Posts: 17,799
Here are the requirements for common law in 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.

In addition to the roommate agreement with the not married clause, make sure that you don't represent to others that you are married at any point.
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