Is it difficult to prove common law marriage?
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Is it difficult to prove common law marriage?
I was living with an ex fianc for about 8 months and decided to separate. Well things turned sour very
quickly. He has damaged my home and stolen personal items. He refuses to leave my home and
now I’m in an eviction process. During this process he has claimed we are common law and will take
half of my home. We do not have anything under both our names leases, tax returns, loans I have
never introduced him to others as my spouse and never have agreed to marry him. He thinks that he knows the law and is now claiming me as a wife. He has gone to the extent of adding me as an authorized user to his credit cards and adding me on utility bills as
Asked on July 10, 2017 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
To prove a common law marriage, he has to prove (1) that you lived together AND (2) that you agreed to be married AND (3) that you held yourselves out to be married. He cannot unilaterally decide that you are married. If there was no 'meeting of the minds' to actually be married, then he will not be able to prove all three elements of a common law marriage. It is not sufficient for him to simply prove that you lived together.
However, I still recommend that you hire an attorney to assist you because he is engaging in some particularly odd behavior by adding your name to his accounts. This is not the usual behavior of someone who gets that you are an 'ex-' not a current girlfriend. An attorney can send him a cease and desist letter, basically breaking the news to him that it's really, really over....so quit the stupid stuff. The other advantage is that he if hears it from a third party, rather than you. If your ex- really is nutty, it will deflect some of the pressure to the attorney and off of you.
An attorney can also assist you with these creditors and demand your removal from any of these accounts.
If he continues to use your identity, you may need to fine criminal charges for fraudulent use of identifying information, fraud, and harassment. If he engages in any threatening behavior, then you may need to see a restraining order or protective order for your safety.
I'm not trying to scare you, but some of his behaviors seem very off and I want you to know that you have a wide range of options. General demand letters often do the trick...but sometimes you need a more aggressive remedy when dealing with people with mental health issues.
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