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Hi I'm Megan cook, and I'm going to bring you right now the most substantive video available on common-law marriage and some warnings that you need to be aware of in the state of Texas, so we're gonna start with a story your kid's dad went to work his first day of the job and at his first day he died they thought he died from heat exhaustion, but the autopsy shows that actually the death was from the use of methamphetamine so your child's dad is passed away, and you decided to file a death benefits claim with his employer as his common-law wife you figure that you'd been informally married for many years and the support that you had is now gone knowing just those basic facts what do you think will happen with your workers compensation claim that you were common-law married what does it take to win that claim to prove that you were not common-law married the defendant company immediately filed this document with the court now ladies and gentlemen this is an actual document that was recently filed in a Texas case with those facts where a defendant company is trying to prove that a woman was not to common law married and basically what the tenor of the document is says is that this you have not proven the elements of common-law marriage that you did not live together as husband and wife that being the first essential element to proving your common-law marriage that you did not agree to be married and that you did not represent to others other people that you were married those elements were going to repeat them because they're important that you lived together you agreed to be married represented to others that you were married that is the center of all common-law marriage litigation for living and people who have come long marriage claims after one spouse has passed away if you can't prove those elements no common-law marriage is found so if a lawyer is hired if you hire a lawyer in this context then the lawyers job is to take that document that was filed by the defendant company and show that it's not true that in fact you do meet the elements of common-law marriage your lawyers job is to prove that you did live together that you did agree to be married and that you did tell others that you were married it's essential that that was part of it so the couple here where she's showing doing a selfie may be posting on Facebook here's my hubby that would show would be used to prove a common-law marriage but do you realize what this means a person particularly one that you live with could try even in fraud to claim that they are common-law married to you and the only way to end a common-law marriage is not by agreement but by a formal divorce where assets are divided so be careful who you live with now in this quick video you've learned this particular part of the Texas Family Code and you saw an example of a common-law marriage lawsuit, although there are many types there is a story there that you heard that actually recently happened in Texas with the...
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