| Common Law Marriage
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Ten states (Texas
included) and Washington,
D.C.
have common law marriage statutes.
If a couple “holds themselves out as
married,” i.e., file joint tax returns, purchase property
jointly, address or introduce each other as Mr. or Mrs., they are
presumed married under the law, even though they have never obtained a
marriage license and never gone through a wedding ceremony. Couples
“married” under common law must obtain a divorce in
order to terminate the relationship and obtain equal division and
distribution of jointly held property.
Contrary to popular belief, common law marriage is
NOT a function of time spent together; rather it is a function of the
impression a couple presents to the world.
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