In Texas she must prove that a common law marriage existed before she can assert any rights as a common law spouse. According to the Texas Family code [see below], she would need to establish this by filing a suit to dissolve the marriage. She would need to do this within 2 years when the relationship terminated. According to the statute you either signed a declaration of a common law marriage, which is filed with the court clerk or
you agreed to be married, are cohabiting and have represented yourself to the community as a married couple.
If she can established this then she may be able to claim status as a common-law spouse.
In terms of distribution of property
. All property acquired during the marriage is considered a martial asset. Texas is a community property
state which means each spouse is entitled to 50/50 ownership rights. Exception, property given as a gift is considered that person's separate property. Debts incurred during the marriage are also subject to a 50/50 split.
So if she can prove a common law marriage, she can claim an interest to the home and furnishings. The vehicle can be her separate property but she may be requried to split the debts on the vehicle as a community property debt.
Again she would have to prove the common law marriage to prevail as a common law spouse, if she has not filed any suit, then you are not required to give her anything. Further, if two years have passed, then she would be barred from filing the suit.
SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES
§ 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.
(b) If a proceeding in which a marriage is to be proved as
provided by Subsection (a)(2) is not commenced before the second
anniversary of the date on which the parties separated and ceased
living together, it is rebuttably presumed that the parties did not
enter into an agreement to be married.
(c) A person under 18 years of age may not:
(1) be a party to an informal marriage; or
(2) execute a declaration of informal marriage under
(d) A person may not be a party to an informal marriage or
execute a declaration of an informal marriage if the person is
presently married to a person who is not the other party to the
informal marriage or declaration of an informal marriage, as
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