To prove a common law marriage in Texas, one must show 1) an agreement to be married; 2) a holding out to others that you are married; and 3) living together as husband and wife. If you can prove these 3 things, then the court will find that a marriage existed and the court will have jurisdiction to divide the marital estate (i.e., the community property) in the divorce. To continue to reside in the house, you will likely need to file for divorce and obtain an order from the court that you are allowed to continue to reside in the marital home.
Answered on Aug 09th, 2019 at 5:56 AM