Is common law marriage still common law marriage if you live in your parent’s house and not your own?
Sunday, March 7th, 2010 at
8:58 pm
My boyfriend and I have been living together for over two years but in my dad’s house, if we don’t have our own place that is ours could we still be considered married?
I’m from Tx and I know all the rules that have to be followed in order to be common law married but I wasn’t sure about the answer to my question.
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Tagged with: Common Law Marriage • Dad • Marriage
Filed under: House Law
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You have to undergo legal formalities as per laws of your land.
As long as you are living as husband and wife under one roof, you are living common law.
it depends on which state you live in. in the ozarks yes. in some states however they don’t reckonize common law unions.
It is doubtful. Something to keep in mind is that only 11 states even recognize common law marriage as legal, and they all have pretty strict rules about determining whether or not you are married.
Under TX law, both parties must (1) both act as if you are married to each other, so that an objectively reasonable person would view you as married; and (2) both intend that you be married to each other.
The fact that you live in a particular abode or circumstances is irrelevant, unless it is evidence showing that you are not acting as married so that the public would view you as such, or that you don’t intend to be married.
However, in order to be actually granted legal status as married, a court must find that you satisfy the common law requirements. So, until you sue your boyfriend/husband for some injury you suffered that can only be redressed by a court as between married persons, then it really doesn’t matter, because, in the eyes of the law you’re not married.
So, if your objective is that both you and your boyfriend wish to be viewed as married, then just tell people that you are married, and they will believe you.
Conversely, if you want to assert some right against your boyfriend, then you’ll have to ask a court to grant you the right first, before you can legally enforce that right.