Legal Question in Family Law in Texas

Am I in a common law marriage?

I have been living with a man for almost twelve years. He never married me, but i have used his name on car insurance ,health insurance and some utilities. I never changed my license or social security. We have two children and he has decided to leave and be with someone else. I quit my job to take care of his father who lives with us because he has alzhiemers. Now I have no job and he says it is a clean break. What are my rights, options, and legal abilities in this matter. Can he take my children away from me? Thank you for any help in this matter.


Asked on 5/28/03, 11:12 am

1 Answer from Attorneys
Jean Sudduth Jean Sudduth, Attorney at law

Re: Am I in a common law marriage?

It seems likely that you have a common law marriage. The definition of a common law marriage is holding yourseves out as being married. Using his name as yours on utilities and insurance appears to have that effect. You have 2 options. You can file a paternity suit or a divorce. In both cases he can ask for custody of the children. Whether he would be successful depends on the case. The decision of whether to seek paternity suit or a divorce also depends on the facts. You may call to talk about the details if you like at 817 261-2671.

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Answered on 5/28/03, 4:33 pm


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