need help

[kimmartinez25]

my brother and his wife are common law married and are getting a divorce in Texas. she left my brother and their daughter and took a vehicle and is now behind on it. the last time she left she took a vehicle and it got repoed so my brother had to get a loan to get it so his credit wouldn't be ruined. my husband and I are wanting the vehicle she has. my brother has custody of their child. she has another baby but it isn't my brother's. my question is if my husband and i get the vehicle she has and put it in our name, will she be able to get it back if she fights for it. he has another car that is paid for and he is willing to give her. will she get a choice of which one she wants?

 

[renter3]

What is this nonsense about common law bulloney?

Common law only applies if your brother bought the car as Mr. and Mrs.

If they are not married then anything bought with JOINT money out of Joint account is Joint property and has to be divded.

If everything from their car to thier lease or mortgage is NOT as Mr and Mrs then they are NOT common law married. They are just 2 single people sharing the bills.!!!!!

Common Law marriage is just a scam woman pull on unsuspecting men.

 

[hopenjoy96]

Currently, only 10 states (Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Pennsylvania and Texas and the District of Columbia; see note below re Utah) recognize common-law marriages contracted within their borders. See, Piel v. Brown, 361 So. 2d 90, 93 (Ala. 1978); Deter v. Deter, 484 P.2d 805, 806 (Colo. Ct. App. 1971); Johnson v. Young, 372 A.2d 992, 994 (D.C. 1977); Smith v. Smith, 161 Kan. 1, 3, 165 P.2d 593, 594 (1946); Sardonis v. Sardonis, 106 R.I. 469, 472, 261 A.2d 22, 23 (1970); Johnson v. Johnson, 235 S.C. 542, 550, 112 S.E.2d 647, 651 (1960); IOWA CODE ANN. §. 595.11 (West 1981); MONT. CODE ANN. § 26-1-602, 40-1-403 (1985); OKLA.STAT. ANN. tit. 43, § 1 (West 1979); PA. STAT. ANN. tit. 48, § 1-23 (Purdon 1953); TEX. FAM. CODE ANN. § 191 (Vernon 1975).

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.

There is no such thing as common-law divorce. Once parties are married, regardless of the manner in which their marriage is contracted, they are married and can only be divorced by appropriate means in the place where the divorce is granted. That means, in all 50 states of the United States, only by a court order.Because the law of marriage and divorce varies from state to state, a person who may have valuable rights affected by such laws should consult with an attorney who specializes in such matters. The foregoing should not be construed as legal advice, which can only be given by an attorney who is admitted to practice in your state, to whom you pay a fee, and who in return undertakes to protect your rights and to explain your responsibilities.




This information was easily found by doing a web search on common law marriage.