Sounds like you are married by common law based on these facts. Go in person and consult with a divorce attorney ASAP.
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For the elements to be met the couple must:
Cohabitate (live together),
Hold out as man & wife (call each other wife, husband to third parties), AND INTEND to be married.
Please consult a Family attorney in your local area. Many, like myself, give a free initial consult and can give you clearer guidance based on all the specific facts of your case. You need someone to help you protect your assets.
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The facts you list tend to support a common law marriage. But you need to hire an attorney to protect your rights as well as pursue a divorce if in fact you are married.
Everybody calls it "common law" marriage, but technically in Texas it is known as "marriage without formalities."
The requirements as the previous attorney stated are that:
1. You live together with your spouse
2. You hold yourselves out to others as married
3. You had an agreement to married, you intended it
There are multiple ways to show these things to be true including filing joint tax returns naming the other as a spouse. Sometimes couples will have old cards from flowers or birthdays that are signed "Your loving husband," etc. These combined can create a marriage, and create legal rights and duties for both spouses in regards to property acquired during the marriage.
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