- Joined
- Dec 4, 2018
Ok you know what let me bring up and quote the god damn state family code then.Now you're just repeating yourself and adding nothing to the conversation with this post. I'd even disagree with this, it only makes them potentially eligible for common law marriage which is NOT the same as "legally married" until it's declared. Common law marriage does not, for example, suddenly allow someone to change their tax filing status or insurance rates until it's recognized.
TEXAS FAMILY CODE
TITLE 1. THE MARRIAGE RELATIONSHIP
SUBTITLE A. MARRIAGE
CHAPTER 2. THE MARRIAGE RELATIONSHIP
SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES
Sec. 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.
That's all there is, that's the absolute objective criteria set fourth by the laws of the State of Texas as to when a common law marriage is legally valid and recognized.
- Agreement
- Cohabitation
- Representation
See above, all you have to say is the followingThey don't meet 3. They do 2. 1 I'm having an issue with as it appears to be a bit more complicated than simple cohab (eg: does she use his last name? Are their financials commingled? Are they a spouse on one/the others insurance? Do they have children together - no doesn't count against them) however yes will help. Again however if you're an attorney in TX I'll defer.
What would be lulzy would be if they did go the "were married" route and then lost so they doubled their potential debt.
we agreed to get married
we live together
we are married
And thus in the State of Texas you are married, everything else you talked about is absolutely irrelevant.
Now that said the question is will they attempt this avenue and abuse the lack of requirement for evidence try to backdate it to retroactively to invoke spousal privilege who knows.
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