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I have been in a common law marriage for 3 years. My common law husband has just married another. Is his "new" marriage legal?

Houston, TX |

We are in the state of Texas. We purchased our home together, have accounts, etc co-mingled, and I was just informed he "ran off" and married last month. Is his "new" marriage even legal ??

What do I do from this point, meaning, how do I protest or what steps do I take to notify the county where he obtained a marriage license that his "new" marriage is not valid as our common law marriage has never been dissolved?

Attorney Answers 2

  1. You need to contact a family law attorney immediately. Take your paperwork that proves that you are husband and wife - the real estate, accounts, etc. Paperwork is your friend. His new marriage is not valid because you can only be married to one person at a time.

  2. The Texas Family Code provides that a marriage is void if entered into when either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse. In other words, your husband's "new marriage" is void under Texas law.
    Ms. Brochstein is correct, you need to contact a family law attorney immediately and provide as much documentation that supports the existence of your common law marriage.
    To meet the statutory requirements for a common law marriage, the parties must (1) agree to be married, (2) live together in Texas as husband and wife, and (3) represent to others in Texas that they are husband and wife.