Can I get common law married with a no shack up clause?

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Can I get common law married with a no shack up clause?

I have a no shack up clause that says nobody with who I have an intimate dating relationship can remain in the home from 10 to 6. Can I change that by getting common law married?

Asked on February 6, 2017 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are free to re-marry. And a common law marriage has the same legal effect as a formal marriage. However, it takes time to establish a common law marriage and in that time the "no co-habitiation" clause in your divorce degree can be violated. At this point, you should consider entering into a traditional marriage or at least consult directly with a divorce attorney in your area.


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