David Mark Winfield v. Sandra Renfro

In point of error one, Winfield contends Renfro did not secure a finding on each essential element of her claim of common-law marriage. Specifically, Winfield claims that the question and the instruction submitted to the jury did not instruct them that both parties must represent to others in Texas, that they were married. Williams v. Home Indem. Co., 722 S.W.2d 786, 788 (Tex.App.--Houston [14th Dist.] 1987, no writ) (living together and holding out in another state does not satisfy the requirement of section 1.91). Section 1.91 of the Texas Family Code provides that a common-law marriage may be established by evidence that: (1) the parties agreed to be married, (2) and after the agreement they lived together in this state as husband and wife, and (3) there represented to others that they were married. TEX.FAM.CODE ANN. ? 1.91(a)(2) (Vernon 1975).