How do i find out if im common law married and do i have to get divorced?

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How do i find out if im common law married and do i have to get divorced?

We have lived togwther for
6 months or more, we got a
marriage lisence but didn’t
use them and i been caring
his last name, publicly.
Everyone thought we was
married. Hes trying to kick
me out but i have no where
to go.

Asked on November 17, 2017 under Family Law, Texas

Answers:

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

Answered 4 years ago | Contributor

If there is a valid common-law marriage, then you have rights as a spouse. For example, alimony, division of property, etc. You also have the right to remain in the premises no matter whose name the deed/lease is in. The fact is that until a formal separation agreement or divorce decree is in effect, both spouse s have the rights to occupancy as it remains the "joint marital residence".  Therefore, the question becomes, has a valid common law marriage been formed? In TX, a man and woman who want to establish a common-law marriage must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married. However, these requirements may not be as easy to prove as they might appear. At this point, you need to speak directly with a divorce attorney in your area; they can help you determine your legal status. 


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