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Impact of Marriage on Creditors Rights

The prior article explained that spouses have a duty to pay for items that are necessary for the other spouse. Other than this debt for necessaries, questions often arise as to what rights creditors have in property that is owned by married couples. The answer is not as certain as it may seem.

Spousal Support Obligations During Marriage

Spousal support during marriage can be tricky. We previously examined how property is owned given common law and community property laws. We explained how these laws allow one or both spouses to control the use and disposition of property. With these concepts in mind, we can consider the spousal obligation of support. This is often […]

Property Ownership in Common Law States

While religion, love, and romance may be involved, marriage is a legal arrangement. It comes with legal benefits and burdens. This article looks at one aspect of marriage, namely, ownership and control of property after marriage in common law states.

Overview of Common Law Marriage

Some people get married by having a marriage ceremony and obtaining a marriage license. Others simply hold themselves out as being married even though they have not had a ceremony or obtained a license. These individuals are said to have a common law marriage.

The Marriage Ceremony & the Marriage License

There are three legal requirements for getting married. We previously considered the first requirement, namely, that the parties consent to being married. Now we can consider the second and third requirements – i.e., how the marriage is solemnized and the marriage license. This article will use Texas law as an example.

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