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John Domestic
John Domestic, Lawyer
Category: Family Law
Satisfied Customers: 4631
Experience:  Over 13 years of Experience in Family Law.
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Ill try to make this the short version. I married in 2001,

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I'll try to make this the short version. I married in 2001, divorced in 2002 in Arkansas ( I kept his last name). However because of children (mostly his) we got back together and lived together, moving to Texas in 2006. Bought a house together, had bank accounts and other property together. In 2009 he left me for another woman. Because we had not had a traditional marriage, he left and the kids and I stayed in the house. I lost it in 2010 to foreclosure because I could no longer afford it with the loss of his income.
Now I am told that we may still be legally married in the State of Texas. is this true?
Thanks for trusting Just Answer. As an attorney I will answer as clearly as possible. I ask for you Accept my answer so I am paid when we are done.

What you are talking about is a common law marriage. Texas calls it an "informal marriage," rather than a common-law marriage. Under § 2.401 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 three-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. A 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.

If you meet all three of these prongs of the test and file a suit for proof of marriage within 2 years of the 2009 separation then you would likely be considered legally marriage and property division would occur as if you where legally married.

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