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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

Drawing on his deep experience in private practice and senior government service, John represents corporations, boards and executives facing significant legal and reputational risk in criminal, regulatory, civil and congressional proceedings.

He has resolved complex, high-stakes matters through innovative settlements and successfully tried…

Drawing on his deep experience in private practice and senior government service, John represents corporations, boards and executives facing significant legal and reputational risk in criminal, regulatory, civil and congressional proceedings.

He has resolved complex, high-stakes matters through innovative settlements and successfully tried cases both as a federal prosecutor and against the Department of Justice. In addition to his investigations practice, John is often called upon to brief and argue appeals in courts across the country and has argued appeals in the U.S. Courts of Appeals for the 2nd, 4th, 6th, 7th and 11th Circuits.

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

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