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Common-Law Marriage: Examples of Situations Where a Texas Court Found that No Common-Law Marriage Existed

By John Adams on July 19, 2012
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1.    No Agreement to be Married:

·        Behavior that is consistent with courtship, such as holding hands and showing affection towards one another;

·        Marriage proposal and giving of an engagement ring;

·        Statements that parties were “trying out” their relationship and would later marry if everything worked out; and

·        A promise by one person to the other to stay with them during illness.

2.      No Holding Out:

·        An indication on a lease agreement or other contract that you do not have a spouse;

·        Evidence that only one person in the relationship ever stated to another that he or she was married;

·        Evidence that a man only told a few of his friends that he was married and the woman never told anyone; and

·        A woman stated upon being admitted to the hospital that she was single.

3.      No Cohabitation/Living Together:

·        Evidence that a man and woman never spent an entire night together;

·        A man and woman never moved any personal property into the same residence;

·        A man and woman never moved in together; and

·        A man and woman living in the same house but sleeping in separate beds in separate rooms.

Photo of John Adams John Adams

John represents clients in complex litigation at the trial and appellate level, with a particular focus on matters arising out of government and criminal investigations. He has conducted internal investigations, represented clients in sensitive and complex grand jury investigations, tried cases to bench…

John represents clients in complex litigation at the trial and appellate level, with a particular focus on matters arising out of government and criminal investigations. He has conducted internal investigations, represented clients in sensitive and complex grand jury investigations, tried cases to bench and jury, and briefed and argued cases in appellate courts.

Read more about John AdamsEmail
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  • Posted in:
    Family & Divorce
  • Blog:
    Dallas Divorce Law Blog
  • Organization:
    Michelle May O'Neil
  • Article: View Original Source

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