Common Law Questions

[TexasBlues]

From Texas and need some clarification on Common Law Relationships. Brief background is lived with ex-girlfriend for 5 years. Did not have ex-girlfriends name on lease, banking accounts, credit cards, vehicle, and insurances. No children from the relationship. Ex-girlfriend did not begin using my last name until her arrest, in an attempt to hide an outstanding arrest warrant. Ex-girlfriend sent to prison for one and a half year, felony charge. I ended the relationship almost 2 years ago. Ex out of prison September 2003 and sent to half-way house. Out of half-way house December 2003. To help her get on her feet, I promised to help her out financially for six months. Six months is up and ex does not want financially support to end. Ex makes multiply daily phone calls insisting that I give her more money and take care of all her needs. Ex now stating that we are common law married and I will have to divorce her. She says that she will ask for at least 10 years alimony.

Are we or were we ever common law married? No papers were ever signed stating that we were common law married. No intention was made to get married. Ex does not have the money for an attorney. Not sure how to proceed. I just want her out of my life and to end the financial arrangements immediately.

Thank you.

 

[BelizeBreeze]

In 1989, a contingency of the (Texas) legislature attempted, again unsuccessfully, to abolish common law marriages. This time, however, the Texas legislature makes it more difficult to prove a common law marriage exists, by incorporating a limitations provision. In 1989, the Texas Legislature incorporated the following language under 1.91(b):

(b) A proceeding in which a marriage is to be proved under this section must be commenced not later than one year after the date on which the relationship ended or not later than one year after September 1, 1989, whichever is later.

Id. In Russell, the Texas Supreme Court stated that, before the enactment of the 1989 amendment, § 1.91 of the Texas Family Code allowed courts to infer or imply a couple’s marriage agreement from evidence which established cohabitation and public representation alone. Id. at 932.

Based on your post, you can tell her to .....wait, I have to be on my good behavior.

O.K. relax. IF she gets the money together to speak with an attorney then MAYBE she'll find one to take her case. But it's doubtful and even then, the SOL has run.

Tell her friends to stop bugging you and her too.

 

[shawna maples]

Study up on your texas family code (on-line). How long has she not been living with you? I recall a statute which I believe states she would have to claim a common law marriage by filing for a divorce within 2years from the date your living together ended. As for alimony I believe you have to have been married for 10 years in texas in order to seek it. The law in texas is that a man and woman must claim a common law marriage and then live together. The amount of time you lived together doesn't matter. Such things she could use as proof would be a shared tax return or her having your last name on those documents, her having your last name on a credit card, utility bill, mortgage, lease, etc..whether or not you claimed her as your wife to other people..

 

[TexasBlues]

Thank You

I have done some research but the language tends to be confusing. It doesn't help matters when the ex yells and screams about being right and how miserable she is going to make my life. I thought that some sort of SOL had run out but was unsure. This has had me very upset. I'm not a lawyer and just want a peaceful life. At times I don't think she will ever be out of my life. A person who was abusive and very hard to be around is equally hard to get rid of. I wish I knew the magical words to make her disappear.

 

[I AM ALWAYS LIABLE]

I wish I knew the magical words to make her disappear.

My response:

"Smith & Wesson", "Colt", "Remington", or "Ruger", are fairly "magical" words. Especially when they have .45 caliber after those words

IAAL

 

[TexasBlues]

Ha!

Thanks for the chuckles. It helps when things seem so gloom. The solutions provide, though, are not an option. The ex-girlfriend is the one used to prison. Not a place that I wish to visit.

Perhaps moving would help but I hate leaving a great place, friends, and job. It seems that the only options are time or her doing something stupid enough to revoke her parole.

Thanks again!

 

[BelizeBreeze]

Look on the bright side.

It's going to make a hell of a country song.

Wish Johnny Paycheck was still around

 

[TexasBlues]

Again you are right

It would make a great C&W song. But I would be too embarressed to tell people the song was based on reality. I don't know why I put up with her for so long but I'm glad the relationship is over and she no longer lives with me.

Thanks for all of the help. Yesterday I was so afraid that she was right and my life was going to be horrible for several more months or years. Today I feel much better.

As usual, she called this morning. I have been ignoring her calls and letting her talk to the machine. When I answered this morning she was surprised. Then she began saying how I had to give her more money and how I have to get a divorce, and on and on. I calmly told her that she would not receive another penny from me and for her to check her legal facts about being common law married, then I hung up. Well, she has called back a couple of times and talked to the machine. First she was angry and threatening. Then she was crying but still threatening.

She knows that I have my facts straight and can't get away with further manipulation. In short, she knows that the gig is up and boy, is she upset. Oh well. Not my problem. This is a good day to celebrate!!!

 

[shawna maples]

Perhaps it's time for a new phone # or a call block. She obviously doesn't believe things are done between the two of you. good luck.