## Facts

- Otha Faye McQuaid Claveria died testate in 1978, leaving her property to her two children from a prior marriage.
- Patricio Claveria and Otha Faye had entered a ceremonial marriage in 1974 and lived together as husband and wife until her death.
- Patricio filed a will contest, claiming he was an “interested person” based solely on his status as Otha Faye’s surviving spouse and asserting community and homestead interests.
- The estate asserted Patricio lacked standing because his ceremonial marriage to Otha Faye was void due to a prior, undissolved common-law marriage to Carolina Mendoza.
- Evidence of the alleged prior common-law marriage included Patricio’s sworn testimony in another proceeding that he had been “married to Carolina for 16 years,” evidence they lived together as husband and wife, and documents they signed as a married couple.
- No evidence showed Patricio and Carolina had divorced or otherwise dissolved any marital relationship before Patricio’s ceremonial marriage to Otha Faye.
- Patricio did not assert putative-spouse status or any ownership interest independent of a valid marriage to Otha Faye.

## Issues

1. Whether there was some evidence, more than a scintilla, that Patricio and Carolina had an undissolved Texas common-law marriage sufficient to rebut the presumption that Patricio’s later ceremonial marriage was valid.
2. Whether an appellate court may sustain a “no evidence” point when the record contains probative evidence, as opposed to addressing factual-sufficiency complaints.

## Decision

- The Texas Supreme Court reversed the court of civil appeals.
- The Court held the record contained some evidence, more than a scintilla, supporting the existence of a prior common-law marriage between Patricio and Carolina and its continuing validity at the time of the later ceremonial marriage.
- The Court remanded to the court of civil appeals to consider factual-insufficiency points under the proper standard of review.

## Legal Principles

- A ceremonial marriage is presumed valid; the presumption continues until a challenger proves both (1) a prior marriage and (2) that the prior marriage was not dissolved.
- Texas common-law marriage requires evidence of (1) an agreement to be married, (2) cohabitation as spouses, and (3) holding out to others as married; admissions and conduct can supply probative evidence of these elements.
- A “no evidence” challenge is a legal question asking whether any probative evidence exists (more than a scintilla); if such evidence exists, the reviewing court must not treat the record as devoid of evidence and should instead address factual sufficiency under the appropriate review.

## Conclusion

The court held that probative evidence supported an inference of a prior, undissolved common-law marriage, making reversal on “no evidence” grounds improper; the case was remanded for factual-sufficiency review and any further proceedings consistent with that standard.


Claveria v. Claveria, 615 S.W.2d 164 (Tex. 1981)