Would this give him any ground to protest us getting married?

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My girlfriend is trying to find out if she was common law married. She only lived with the guy for 4 years and never filed taxes, or any type of credit with the guy. They do have a child together, he is paying child support. They never introduced each other as husband and wife.

Attorney Answers

3
Larry Couture ·
It depends on the state they lived in while together. Each state has their own rules about common law marriage and if they have such a status it is merely based upon living together as husband and wife. So, look at the state statutes where they lived. If in Texas, ask a lawyer about her status.
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Maria Lowry ·
She should sit down with a lawyer to discuss this. An hour of a lawyers time is a small price to pay to be sure.
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Thomas Baker ·
Common law marriage requires an agreement to be married, holding out to others as married and thereafter cohabiting in the State of Texas as married. No facts given indicate a common law marriage. Living together alone which is commonly misconstrued as creating "common law" is not sufficient to create the relationship. In any event the more recent marriage is presumed to be a valid marriage as to any prior claims. The other party cannot attack your marriage, but only endeavor to file a divorce if he believes he had a common law marriage with your spouse.
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