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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19127
Experience:  B.A.; M.B.A.; J.D.
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M and W living together over 10 years. They have two

Customer Question

M and W living together over 10 years. They have two children ages 10 and 8. They bought house about 2 years ago. W now wants M out of her life. She filed for divorce and child support. M heard she recently finalized her divorce in Central America to a man she has been separated from for years. She wants the house and child support. Q: would the fact that she officially became divorce from her husband AFTER she and M became estranged make her second relationship a noncommon law relationship? He does not want to leave the house, can't afford to leave. Wants her to buy him out regarding the house. Will Texas recognize a common law marriage if your partner is still married in Central America?
Submitted: 6 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 6 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 6 months ago.

Q: would the fact that she officially became divorce from her husband AFTER she and M became estranged make her second relationship a noncommon law relationship?

Response 1: Yes.

He does not want to leave the house, can't afford to leave. Wants her to buy him out regarding the house. Will Texas recognize a common law marriage if your partner is still married in Central America?

Response 2: No. In order to have a common law marriage, both of the parties must be free to marry. Since W was still married at the time of the partnership with M, there will not be a common law marriage between W and M. See Texas Family Code Title 1 Chapter 2 Section 2.401 subsection (d)

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Customer: replied 6 months ago.
Will the court order a partition of the property where he is reimbursed for his deposit and monthly payments or will the court allow her and the children to stay till the youngest turns 18 years of age?