Texas law recognizes common law marriage based on three basic elements, all of which all must occur at the same time:
1) Co-habitation (did you live together?)
2) Holding yourself out as husband and wife (did you wear rings, file taxes as married, or did you put out there you were married on loans applications?)
3) Agree to be married
Texas courts generally try to do the right thing, but the burden of proof is on the one who claims a common law marriage exists when not formally married.
Never invest your home, your future, your wealth on someone who cannot or will not commit. The results are often sad and unfortunate in the case of a separation because the law does not provide you with a community property share unless you can prove common law marriage through clear and convincing evidence.
Years of cleaning up after and taking care of a person you are not legally married to may end you up not only with a broken heart, but in the poor house as well.
For more information, please call The Barrera Law Firm at (956) 428-2822 or complete our online form for your free consultation.
