224 N.C. App. 32
N.C. Ct. App.2012Background
- Plaintiff Hulya Garrett immigrated from Turkey, later married Brett Garrett, and divorced him in 2000; she began living with Defendant in 2000 as an unmarried couple.
- The parties lived in Texas and Texas recognizes common-law marriage; they presented themselves as husband and wife and bought rings.
- In 2003 they moved to North Carolina but continued to refer to each other as husband and wife.
- On May 6, 2008 Plaintiff filed a complaint in Iredell County for absolute divorce and other relief; Defendant counterclaims challenged the existence of any marriage.
- The 2009 trial court denied absolute divorce, finding Plaintiff failed to prove a Texas common-law marriage; appeal followed.
- North Carolina appellate review applied Texas law to determine whether a valid common-law marriage existed under Texas law; three elements and burden of proof rested on Plaintiff.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Texas common-law marriage existed between the parties | Plaintiff contends there was a present agreement to be married. | Defendant argues there was no present agreement; evidence is conflicting and fails to prove all elements. | No common-law marriage; trial court's finding on agreement unsupported; affirmed the denial of absolute divorce. |
Key Cases Cited
- State v. Wilson, 121 N.C. 650, 28 S.E. 416 (1897) (NC recognizes only if acts occurred where valid; discusses common-law concepts under TX law)
- State v. Samuel, 19 N.C. 177 (1836) (early NC stance on common-law concepts)
- Nguyen v. Nguyen, 355 S.W.3d 82 (Tex. App. 2011) (three elements of Texas informal marriage and weight of evidence)
- Bolash v. Heid, 733 S.W.2d 698 (Tex. App. 1987) (concurrence of three elements required for common-law marriage)
- Rosales v. Rosales, 377 S.W.2d 661 (Tex. App. 1964) (fact-finder credibility; deference to trial court in weighing evidence)
- In re Estate of Giessel, 734 S.W.2d 27 (Tex. App. 1987) (weight to documentary representations goes to evidence weight; trial court resolves conflicts)
- Estate of Claveria v. Claveria, 615 S.W.2d 164 (Tex. 1981) (once a Texas common-law marriage exists, it is treated as formal for termination)
- Koufman v. Koufman, 330 N.C. 93, 408 S.E.2d 729 (1991) (findings binding on appeal when not challenged; standard for reviewing factual findings)