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Common Law Marriage

   Texas is one of the very few states that recognizes a common law marriage, or more precisely, a marriage without formalities.  Even though the Statutory framework for such a marriage appears to be quite simple and straightfoward: either properly file a proper Declaration and Registration of Informal Marriage; or prove in Court that a man and woman 1) agreed to be married, 2) after that agreement lived together in Texas as husband and wife, and 3) represented to others that they were married. In reality, proof of a common law marriage (or the denial of a common law marriage) is very tricky, fact-intensive, and is NOT something a lay person should even think about without adequate legal representation.  Bt the way, "if you snooze you lose," as there is a statutory time limit for instituting the lawsuit to prove the alleged common law marriage.

 

© 2006, Law Offices of Raggio & Raggio, P.L.L.C.

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