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What are the grounds for common law marriage in Texas?

What are the grounds...

What are the grounds for common law marriage in Texas?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

"Texas"

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this point

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Answered in 5 minutes by:
4/20/2017
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,617
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Thank you;

common law is still recognized in Texas, one of the few states that still recognize this type of marriage; the requirements are three fold:

1. the parties agree to be married

2. after which point they live together, in the state of Texas, as wife and husband

and

3. the husband and wife "hold out" their union as marital - so basically they refer to one another as husband/wife, they tell people they are married, etc.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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Customer reply replied 1 year ago
That is very helpful
Customer reply replied 1 year ago
Can i ask another question os does that cost more
money?

As long as it relates to the above I am permitted to answer it- what if you post it and I'll let you know?

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Customer reply replied 1 year ago
question is I have this lady living with me for 13-14 years...never presented as married...do not meet the tests fo the above three stipulations for common law. Her grown daughter and grandchildren also live in my house, but things are getting very ugly lately. the lady living with me is illegal, but her daughter is here on a petition waiting for court hearing.
Customer reply replied 1 year ago
How do I get them out of here?

Common law marraige and landlord/tenant law are 2 separate areas; for example parties need not be married to live together so even if they were not common law married that would not affect the validity of the lease.

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Customer reply replied 1 year ago
they don't pay any part of the cost or rent though
Customer reply replied 1 year ago
the house is in my name only and I pay more than 2k per month for it...they pay nothing

Oh so the person you live with is saying you are common law married?

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Customer reply replied 1 year ago
no i mentioned those things because you mentioned "validity of the lease" and that it becomes more of a landlord tenant situation ( I thought you meant between me and her and her daughter)
Customer reply replied 1 year ago
She is planning to move out I think, but I am certain she has spoken with an attorney
Customer reply replied 1 year ago
I fear sitting her and getting blind sided
Customer reply replied 1 year ago
it is tempting to call the INS
Customer reply replied 1 year ago
but I wd never feel right doing that

OK; I'm sorry I am confused.

How does the common law marriage issue relate to the tenancy issue?

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If they misrepresented their marital status on the lease -is that the concern?

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Customer reply replied 1 year ago
Because I want them out of here at this point. Nothing I can do has made her any less sour lately.
Customer reply replied 1 year ago
There is no lease. I own the property in my name only and make mortgage payments.

so the common law couple live in the home with their daughter?

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The common law marriage would not affect the validity of an oral, contract or implied lease.

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If the tenants are violating terms of an oral or implied lease they would need to be evicted and their marital status would not affect that.

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Customer reply replied 1 year ago
but there is not a common law marriage by your definition, and there is no oral or written lease

But marital status has nothing to do with a lease; so whether the tenant is married, common law married, or single is irrelevant for landlord tenant law.

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Customer reply replied 1 year ago
just by allowing them to live here in my house, I am a landlord/tenant?

Yes, the court will imply a lease- it is considered a tenancy at will; Here are the relevant statutes;

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm

The landlord (owner) would need to comply with the landlord tenant rules in order to evict;

but they cannot evict on basis of marital status because that would be discriminatory.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,617
Experience: Experienced Family Law Attorney
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