A Common Law Marriage – is it or isn’t it?
Rosemarie Lopez entered a common law marriage in 2018 with Manuel. The couple purchased a house, but it was in Manuel's name alone. They had two children together, filed joint income tax returns, and held themselves out as husband and wife.
In 2023, after several minor incidents of arguing and pushing, Manuel struck the Rosemarie and shoved her out of the house. Rosemarie living in a rural community without many services, didn't know what to do. She refused to return with the children, fearing more domestic violence. She had not reported the violence to the police.
Meanwhile, Manuel began to deny that they were married. He said that all of the property in the house was his because it was his house, in his name. Rosemarie filed with the Texas Attorney General to secure child support, which was ordered temporarily. However, Manuel refused to pay anything. He hired an attorney.
Without help, Rosemarie would lose her belongings, her interest in the home, and all the other benefits of the marriage. She could also be subjected to tax consequences. Rosemarie was accepted as a client of Legal Aid.
Legal Aid filed a divorce and custody suit for Rosemarie, also joining the Attorney General child support case. The two cases were joined. Manuel's attorney opposed the divorce, alleging that there was no common law marriage, and thus that all of the property in his possession belonged to him.
Legal Aid gathered documentation and witnesses, then held a contested hearing. The judge found that there was a valid common law marriage. He further found that the home and personal property were community property. The temporary orders of the Attorney General were made permanent. Rosemarie was awarded the marital residence, primary custody of the children, and was to receive both current and retroactive child support.
Rosemarie moved into the now secure home with her children. In addition to the child support and the house, the husband was ordered to pay the client $25,000 in one lump payment of $10,000 and then $1000 per month for 15 months. The client used some of the money to improve the house and is saving the rest. She is employed now and raising her children. The ex-husband exercises visitation and there have been no more instances of domestic violence or threats.
In 2023, after several minor incidents of arguing and pushing, Manuel struck the Rosemarie and shoved her out of the house. Rosemarie living in a rural community without many services, didn't know what to do. She refused to return with the children, fearing more domestic violence. She had not reported the violence to the police.
Meanwhile, Manuel began to deny that they were married. He said that all of the property in the house was his because it was his house, in his name. Rosemarie filed with the Texas Attorney General to secure child support, which was ordered temporarily. However, Manuel refused to pay anything. He hired an attorney.
Without help, Rosemarie would lose her belongings, her interest in the home, and all the other benefits of the marriage. She could also be subjected to tax consequences. Rosemarie was accepted as a client of Legal Aid.
Legal Aid filed a divorce and custody suit for Rosemarie, also joining the Attorney General child support case. The two cases were joined. Manuel's attorney opposed the divorce, alleging that there was no common law marriage, and thus that all of the property in his possession belonged to him.
Legal Aid gathered documentation and witnesses, then held a contested hearing. The judge found that there was a valid common law marriage. He further found that the home and personal property were community property. The temporary orders of the Attorney General were made permanent. Rosemarie was awarded the marital residence, primary custody of the children, and was to receive both current and retroactive child support.
Rosemarie moved into the now secure home with her children. In addition to the child support and the house, the husband was ordered to pay the client $25,000 in one lump payment of $10,000 and then $1000 per month for 15 months. The client used some of the money to improve the house and is saving the rest. She is employed now and raising her children. The ex-husband exercises visitation and there have been no more instances of domestic violence or threats.
