Pamela Lou Burden v. Steven Bradley Burden, 420 S.W.3d 305

Pamela Burden and Steven Burden were ceremonially married in 1998 and formally divorced on September 24, 2002 in Delta County, Texas.
After the divorce, the parties lived together for an extended period; Steven owned a Delta County home (acquired August 2011) into which Pamela moved.
Pamela claimed they remained in a common-law marriage and that she had an ownership interest in the home.
Witnesses testified they lived together for several years, Pamela helped with food stamps and meals, and Pamela’s grandchildren viewed Steven as their grandfather.
The trial court sustained hearsay objections to several proffered exhibits; Steven testified they did not agree to marriage after the divorce and that Pamela’s occupancy was temporary.
The court did not issue findings of fact or conclusions of law; on appeal, implied findings are applied, and the court reviewed the sufficiency of the evidence to support a common-law marriage.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a common-law marriage existed between Pamela and Steven	Burdened to show all three elements by a preponderance	No agreement to marry; no living together as spouses after divorce; no representation as married	No common-law marriage; judgment affirmed

Dow Chem. Co. v. Francis, 46 S.W.3d 237 (Tex. 2001) (evidence sufficiency standard for overturning adverse finding)
City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (concerning standard for reviewing conclusive evidence)
BMC Software Belgium, N.V. v. Marchand, 83 S.W.3d 789 (Tex. 2002) (implied findings and weighing evidence in bench trials)
Russell v. Russell, 865 S.W.2d 929 (Tex. 1993) (elements and proof of informal marriage; agreement to be married must be shown)
McGalliard v. Kuhlmann, 722 S.W.2d 694 (Tex. 1986) (credibility and weight of witness testimony; appellate deference to fact-finder)