QUESTION
COMMON LAW MARRIAGE VERSES A CEREMONIAL MARRIAGE. MY FAMILY MEMBER HAS LIVED IN A COMMON LAW MARRIAGE AS HUSBAND AND WIFE FOR OVER 30-YEARS.
Asked on Aug 24th, 2013 on Family Law - Texas
More details to this question:
MY FAMILY MEMBER ALSO HAS A LEGAL MARRIAGE OR WIFE WHOM HE HAS BEEN SEPARATED FROM FOR OVER 30-YEARS. DOES THE COMMON LAW WIFE HAVE ANY TYPE OF RIGHTS WHILE MY UNCLE IS LIVING AND ALSO IN THE EVENT OF DEATH?
1 ANSWER
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You cannot be common law married to an individual who is legally married to someone else. Until the husband divorces his first wife, your family member is not common law married to him because he is married to another person. Once he divorces the first wife, she may then marry her divorced partner, but the time she has spent with him prior to divorcing the first wife does not make her common law married. She is simply dating a married man.
Answered on Sep 06th, 2013 at 1:24 PM