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How is a common law marriage recognized when you move from a state that recognizes them to one that does not?


My husband and I entered into a common law marriage in the state of Texas. We fulfilled the three elements required by Texas law:

First, you must have "agreed to be married."
Second, you must have "held yourselves out" as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as "my husband," or you may have filed a joint income tax return.
Third, you must have lived together in this state as husband and wife.

We have now moved to another state that doesn't recognize common-law marriage. But, I have read that due to conflict of laws, we are still legally married in the eyes of the new state and in the eyes of the IRS for tax returns. Is this true? What about in the eyes of my new employer for health insurance?

The due faith clause of constitution says states honor other states laws and licenses. Lots of exceptions and often states must have comparable laws to match- but if you were 'married' in Texas by Texas law standards the new state of residence recognizes the continuing 'married' state if you don't specifically violate the new states marriage laws. This is where the 'gay' marriages and some underage marriages are in trouble. New employers Health Insurance may have a different definition of Marriage Benefits - you'll have to check, civil unions, common law marriage and other terms may need defining in insurance coverage and may vary. .

Try to use google to find some related links or you could try to use answer engines like yahoo answer or answer.com to find some relevant questions.If you like some direct resource,here is a good one from my own experience.http://health-insurance.online-tips4u.in...

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