What is Common Law Marriage in Texas?

A Comprehensive Guide

Common law marriage, also called "informal marriage," is a way for couples to be legally recognized as married without having to get a marriage license or have a formal wedding ceremony. In the state of Texas, common law marriage is recognized if certain conditions are met, allowing couples to enjoy the same legal rights and responsibilities as those who went through a traditional marriage. This guide will explain what common law marriage is, how it works in the state of Texas, what the legal implications are, and how you can prove that such a marriage exists.

What is Common Law Marriage in the state of Texas?

Common law marriage in Texas is a legal way for two people to be considered married without going through the usual process of getting a marriage license and having a wedding. To be recognized as married under common law in Texas, a couple must meet specific requirements that show they intend to be married and are living as a married couple.

Key Elements of Common Law Marriage in Texas

There are three main requirements to establish a common law marriage in Texas. These are:

Agreement to be married

Both individuals in the relationship must agree that they are married. This does not need to be a written agreement, but there must be a clear understanding between them that they consider themselves married. This means that both people see each other as husband and wife.

Cohabitation

The couple must live together as a married couple. There is no set amount of time they need to live together, but their cohabitation should be consistent and show that they are living as a married couple. This means sharing a home and living like a traditional married couple would.

Holding out as married

The couple must present themselves to others as being married. This can be shown in different ways, such as using the same last name, introducing each other as husband and wife, or filing joint tax returns. They must act in a way that makes other people believe they are married.

How to Prove a Common Law Marriage

Proving a common law marriage can sometimes be challenging, especially if the relationship ends and one person denies that they were ever married. In such cases, the person who claims they were in a common law marriage will need to provide evidence. Here are some ways to prove a common law marriage:

• If the couple filed taxes together as a married couple, this is strong evidence of a common law marriage.
• Having joint financial accounts can show that the couple was acting as a married couple.
• If the couple signed rental agreements or bought a house together, listing themselves as married, it supports the claim of a common law marriage.
• Listing each other as spouses on insurance policies, such as health or life insurance, is another way to prove a common law marriage.

Declaration of Informal Marriage

In the state of Texas, couples who believe they are in a common law marriage and want to formalize it can file a "Declaration of Informal Marriage" with the county clerk. This declaration serves as official proof that the couple is married and can make things easier if they need to prove their marriage in the future. To file this declaration, both people must appear before the county clerk and confirm that they meet the requirements for common law marriage.

Legal Rights and Responsibilities in a Common Law Marriage

A common law marriage in Texas carries the same legal rights and responsibilities as a traditional marriage. This means that couples in a common law marriage are treated just like any other married couple under Texas law. Here's what that means:

Community Property

Texas is a community property state. This means that any property or assets acquired during the marriage are considered equally owned by both spouses, regardless of whose name is on the title. This rule applies to common law marriages as well. If a couple divorces, all assets and debts will be divided between them according to Texas community property laws.

Spousal Support (Alimony)

If the couple separates, one spouse might be entitled to spousal support or alimony, depending on the circumstances. This support is meant to help the lower-earning spouse maintain a similar standard of living after the marriage ends.

Inheritance Rights

A spouse in a common law marriage has the same inheritance rights as a spouse in a traditional marriage. This means that if one spouse dies without a will, the surviving spouse is entitled to a share of the deceased spouse's estate.

Divorce

Ending a common law marriage requires going through the same legal divorce process as any other marriage. This includes dividing property, arranging child custody if there are children involved, and dealing with other legal matters. Dealing with Disputes and Legal Issues Sometimes, the existence of a common law marriage is disputed, especially when a couple separates, and one person denies that they were ever married. When this happens, the other person may need to take legal action to enforce their rights. Here are some scenarios where disputes may arise:

• Property and Asset Division
• Spousal Support
• Child Custody

Why understanding Common Law Marriage in the State of Texas matters?

Understanding common law marriage in the state of Texas is crucial for couples who choose this path. It offers an alternative to traditional marriage, allowing couples to be recognized as married without a formal ceremony or marriage license. However, it is crucial to be aware of the legal requirements and implications to protect your rights.

Conclusion

Common law marriage in the state of Texas provides a way for couples to be legally recognized as married without going through the formalities of a traditional marriage. While it offers flexibility, it also comes with responsibilities and potential legal challenges. Understanding the requirements and implications of common law marriage can help you protect your rights and avoid disputes. If you believe you are in a common law marriage or need help with a related legal issue, consulting with a family law attorney is a wise step. They can offer advice tailored to your situation and help you navigate the complexities of common law marriage in Texas.