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If you are in a common law or informal marriage in Texas, then you moved to Louisiana, is the marriage still valid and legal?

Houston, TX |

together 2 years, then married for 5 yrs., then divorced spouse, returned to live together as husband and wife, not marrying over a period of 11 years, with a 14 month separation in between 10 and the 11 years. during this time had joint checking account, worked, contributed to home etc. Ex spouse is not wanting to give a settlement for all the years. I am not intitled to his pension,asbestosis claims or the property from inhertance and a few cd's, but he worked, then collected social security saved cash and purchased more cd's in his name. In Louisiana a house was purchased and put on his property. We did all the work, purchased furishings and when I left I got nothing. What are my rights|?

There was not any documents signed regarding common law, but as stated met all 3 factors. Do you still need to get a divorce?

Attorney Answers 1


If you're married in Texas, you'll be married in Louisiana. Common law marriage requires 3 factors 1) living together, 2) intent to be married and 3) "holding out" - that is, representing to others that you are married. If you don't have all 3, you're not married. If you do, you'll need to get a divorce in order to get your share of his property. Insurance forms and tax returns are often two of the easiest ways to help prove or disprove a common law marriage.

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