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Common Law Marriage affidavit

Posted by MysticMom ( on
Sun, Aug 31, 03 at 11:22

Hello all I am in need of help from someone in wording a legal document so that I can have it notorized. I am needing to word an affidavit declaring a common law marriage.Very strange situation so I will give a small background. We have been together 16 years of that we were legally married 6 and were legally divorced 3 years ago. We have since that time been living together as husband and wife and I need something saying this to "prove" our relationship. Any help would be greatly appreciated.

Follow-Up Postings:

RE: Common Law Marriage affidavit

I would just write that you have been "holding yourselves out as husband and wife for 3 years". Give examples of exactly what you've done to show you are behaving and living as husband and wife. (Registering at hotels or joint bank accounts, tax filing "married joint", ect.

Please check your state though - in Ohio Common Law marriages were done away with in 1989 (or some year around then...) There is no such thing around here any longer. Check your state law.


RE: Common Law Marriage affidavit

Hi, Mystic Mom --

I noticed you live in Texas. You're in luck, as Texas recognizes common law marriage and it sounds like you fit the criteria:

"Three elements must be present to form a common law marriage in Texas.
First, you must have "agreed to be married."
Second, you must have "held yourselves out" as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as "my husband," or you may have filed a joint income tax return.
Third, you must have lived together in this state as husband and wife."

I copied that from the web page below. Click on the link for more details...

Here is a link that might be useful: Common Law Marriage in Texas

RE: Common Law Marriage affidavit

and if you want, you could always get married again, officially, w/o fanfare.

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