Can a Texas court split a trial to first decide if a common law marriage exists before dividing property?

Q: Can a Texas court split a trial to first decide if a common law marriage exists before dividing property?

MAHMOUD ABDELWAHED v. NERMIN HASSANIN: Foreign pre-marital agreements, such as Egyptian dowry lists, are presumed valid in Texas; to successfully challenge one, you must provide specific evidence of involuntary signing or lack of financial disclosure rather than simply denying you possess the property. | Cristy West v. Jimmie Ward: Private communications often carry more weight than social media 'holding out.' Even if you represent yourselves as married on Instagram, private texts referring to each other as 'fiancé' or identifying as 'single' can be fatal to a common law marriage claim.

This question has been addressed in 2 Texas court opinions:

MAHMOUD ABDELWAHED v. NERMIN HASSANIN

COA14 — February 3, 2026

In a divorce dispute between Mahmoud Abdelwahed and Nermin Hassanin, the Fourteenth Court of Appeals addressed the enforceability of an Egyptian pre-marital agreement regarding a dowry of 147 grams of gold. While the husband argued he did not possess the gold and it effectively did not exist, the wife provided a translated copy of their Egyptian marriage contract. The court analyzed the case under Texas Family Code § 4.006, which places a heavy burden on the party challenging a pre-marital agreement to prove it was signed involuntarily or was unconscionable. Because the husband failed to provide evidence rebutting the contract's validity, the court affirmed the trial court's decree ordering the husband to return the gold, holding that Texas public policy strongly favors the enforcement of such international agreements.

Litigation Takeaway

“Foreign pre-marital agreements, such as Egyptian dowry lists, are presumed valid in Texas; to successfully challenge one, you must provide specific evidence of involuntary signing or lack of financial disclosure rather than simply denying you possess the property.”

Cristy West v. Jimmie Ward

COA09 — January 29, 2026

In West v. Ward, Cristy West filed for divorce claiming an informal (common law) marriage to professional football player Jimmie Ward. Ward denied the marriage existed, asserting they were only engaged. The court analyzed the case under Texas Family Code § 2.401(a)(2), focusing on whether there was a "present agreement" to be married. Despite social media posts where the parties used terms like 'wifey,' the court found that West's own private text messages—where she referred to herself as 'single' and discussed a 'future' wedding—contradicted the claim of a present marriage. The appellate court affirmed the jury's verdict that no marriage existed, holding that a future intent to marry is not a substitute for a current agreement to be married.

Litigation Takeaway

“Private communications often carry more weight than social media 'holding out.' Even if you represent yourselves as married on Instagram, private texts referring to each other as 'fiancé' or identifying as 'single' can be fatal to a common law marriage claim.”