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Click here for the full text of this decision FACTS:Warren P. Canady and Sonya C. Woods filed a petition with the County Court at Law in Anderson County seeking an order requiring Christal Russell, a deputy county clerk of Anderson County, to register their declaration of informal marriage. The trial court denied the petition. In one issue, Canady and Woods contend that the trial court erred because intent to cohabit at a later date after the declaration has been filed is sufficient to establish an informal marriage. Canady is an inmate in the Michael Unit of the Texas Department of Criminal Justice-Institutional Division in Tennessee Colony, Anderson County. Woods is an inmate in the TDCJ-ID Riverside Unit in Gatesville, Coryell County. Canady and Woods filed for a marriage license with the Anderson County clerk’s office. Russell, a deputy county clerk, returned the application to Canady and Woods because it failed to comply with Texas Family Code �2.004. Canady and Woods then submitted documentation to Russell under �2.401 alleging that they had an informal marriage. Russell refused to certify or record the declaration filed by Woods and Canady due to their failure to comply with �2.404. Woods and Canady then filed suit in the County Court at Law in and for Anderson County stating that they “seek validation of their marriage relationship.” The trial court conducted a hearing on July 23, 2003. The uncontroverted evidence at trial showed that Canady and Woods had never lived together. They stated their intention to live together as husband and wife after both were released from the prison system. Woods and Canady both testified that they had not appeared in person in the Anderson County clerk’s office to comply with �2.404(a). The trial court then entered a final judgment denying all relief sought by Canady and Woods against Russell. HOLDING:Affirmed. Living together as man and wife is the second element of an informal or common law marriage. Without legally and/or factually sufficient evidence of cohabitation between a man and woman, an alleged informal marriage does not exist in a form recognized by the state of Texas. Canady and Woods concede in their pleadings and in their testimony at trial that they have never cohabited. Their testimony was that they intended to live together when they were both released from prison. Further, they both testified that they had failed to appear in the Anderson County clerk’s office to comply with Texas Family Code �2.404. The court holds that the evidence supports the trial court’s judgment. OPINION:Worthen, C.J.; Worthen, C.J., Griffith and DeVasto, JJ.

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