Iggy Azalea Case Sheds Light on Common Law Marriage in Texas

Iggy Azalea Case Sheds Light on Common Law Marriage in Texas

Rapper Iggy Azalea has been served with divorce papers from a man claiming to be her common law husband in Texas, but Azalea has no recollection of agreeing to that living situation. If it is determined that she was a part of a common law marriage, she may be required to give half of her assets to the former flame.

Details of Azalea's Texas Relationship

The rapper moved from Australia to the United States when she was 16 to pursue a career in music. After moving to Houston, Texas, she became involved with Hefe Wine, who later became the young artist's boyfriend and manager. Azalea moved away from Texas and the relationship, but at 24 year old has now been served with divorce papers from Wine.

Wine claimed that when Azalea was living in Texas, she agreed to be married and they were living together as husband and wife. Azalea says that she had never entered into such an agreement. She claims that Wine is taking advantage of a relationship she entered into when she was 17 years old in order to profit from music and materials stolen from her.

Wine and Azalea have previously been locked in a court battle over possession of a sex tape that Azalea claimed to have been stolen, and another lawsuit over ownership of music made by Azalea when she first got involved in the music industry.

Should a judge recognize their marriage as legitimate, Wine would be entitled to half of Azalea's assets from the time they were together.

Common Law Marriage in Texas

In order for a common law marriage to be considered valid, a couple must either record a declaration of their marriage with a county clerk or agree to be married, live in Texas as husband and wife, and express to others outside of the relationship that they are married.

For a Texas common law marriage to be ended, it must be proven that the marriage existed and then obtain a formal divorce. For those that entered into a common law marriage after September 1, 1995, such as Azalea and Wine, their marriage is considered void after 2 years of separation. However if Wine can prove that they were together in a common law marriage, than their assets during the time they were together would be evenly split under Texas law.

Wine would need to prove that the couple agreed to be married, that they lived as husband and wife and had expressed to others their intent to be married. Examples of documents that can be used are leases signed as husband and wife, joint tax returns, or insurance policies. If he cannot provide this documentation, their relationship is not seen as a common law marriage.