Officially Married or Common Law?

If someone marries another person who's divorce was not final, and then that person's ex dies thus dissolving the original married. texas law says that the new marriage becomes valid if the parties have lived together and presented themselves as husband and wife. But does it become valid as an actual marriage or just a common law marriage?

Waco, TX -

Attorney Answers (2)

Charles Emmerich Hardy

Charles Emmerich Hardy

Family Law Attorney - San Antonio, TX

WOW - SEE A LAWYER! But with the few facts you have given me, IF the previous spouse dies and the parties qualify to be common law married, then they are common law married (with is a real marriage in Texas.

Trust my advise - seek counsel!

Good luck!


Steven John Clausen

Steven John Clausen

Probate Attorney - The Woodlands, TX

See a board certified family law attorney in Waco ASAP. This is too important to not address in a meanginful way.

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