Common law marriage is a legal marriage that is considered valid without a formal ceremony or the purchase of a marriage license. Currently, there are only eight states that consider common law marriage to be legitimate.
This blog will tell you if Texas recognizes common law marriages, and how the process works to make the partnership legal.
What is Common Law Marriage?
Common law marriage, also known as informal marriage, is a legally recognized union between two people who live together and present themselves as a married couple without a formal ceremony or marriage license.
In Texas, a valid common law marriage is recognized and treated the same as traditional marriages as long as certain requirements are met.
Common Law Marriage Characteristics
A common law marriage has three main components:
- Agreement to be Married: Both parties must have an understanding and agreement they are married.
- Cohabitation: They must live together in the same household.
- Representation to Others: They must present themselves to others as married, which can include using the same last name, referring to each other as spouse and sharing financial responsibilities.
To prove a common law partnership exists, couples may need to provide evidence such as joint bank accounts, shared utility bills, or affidavits from friends and family.
Texas Common Law Marriage
Confirmation of Recognition
Texas is one of the few states in the US that recognizes common law marriage. Under Texas law, it is valid if it meets certain statutory requirements.
This recognition means couples who have formed a marital relationship without a formal ceremony or marriage license are given the same legal rights and responsibilities as those who had a traditional wedding. In cases of dispute, couples may need to go to court to prove that a common law partnership existed, using documents and testimonies as evidence.
Statutes and Code
The common law marriage framework in Texas is found in the Texas Family Code. To be recognized, the couple must:
- Agree to be married: Both parties must mutually agree to be husband and wife.
- Cohabit as a married couple: They must live together in the same household.
- Represent themselves as married: They must publicly present themselves as husband and wife, which may include using the same last name, introducing each other as spouses and filing joint tax returns.
Couples can also sign and file a Declaration of Informal Marriage with the county clerk to formalize their common law marriage.
Legal Consequences
Once a common law marriage is established in Texas it is treated the same as a formal marriage. This means common law spouses have the same rights and responsibilities as those in a traditional marriage. These rights include property division, spousal support and inheritance rights.
It’s important for common law couples to understand these consequences as they can impact their legal and financial situation. Dissolving a common law marriage requires a common law divorce, which involves legal proceedings similar to those of a traditional divorce, including property division and child custody arrangements.
Texas Common Law Marriage Requirements
Agreement to be Married
The first requirement for common law marriage in Texas is that both parties must mutually agree to be married. This means a clear and present understanding between the couple that they are married.
It’s not enough for one party to think they are married and the other not; both must consciously and intentionally consent to the marriage. It also requires cohabitation and public representation as a married couple.
Cohabit as a married couple
The second is cohabitation. The couple must live together in the same household as a married couple. This means more than just living at the same address; it means sharing daily life and responsibilities of a married couple. Cohabitation shows the couple intends to live together, further supporting their marriage claim.
Representation to Others
The third is they must represent themselves to others as married. This can be in many forms, such as using the same last name, introducing each other as husband and wife, or doing public acts that show they are married. This is important because it shows the couple’s public commitment to their marital status, not just cohabitation or dating.
Proof of the Requirements
To establish a common law marriage couples may need to provide proof of the three requirements. This can be:
- Joint bank accounts or credit cards
- Lease or mortgage in both names
- Shared utility bills
- Joint tax returns
- Affidavits from friends or family confirming the couple’s marital status
Additionally, couples can sign and file an informal marriage form with the county clerk to validate their marriage as a legal marriage, entitling them to the same rights and duties as couples joined together through traditional ceremonial marriage.
All Requirements Must be Met
It’s important to meet all three requirements to have a legally recognized common law marriage in Texas. Failure to meet one of the requirements means the relationship will not be recognized as a marriage under state law. Understanding and following these requirements means couples can get all the legal benefits of a common law marriage.
Common Myths
Length of Cohabitation
Many people think that living together for a certain amount of time automatically creates a common law marriage. In Texas, the length of time you live together means nothing.
You must meet all three requirements: agreement to be married, cohabit as a married couple and represent yourselves to others as married. Without those elements the length of time you live together doesn’t matter.
Separate Property
Another myth is that common law marriage affects property rights differently than a traditional marriage. In reality, property rights in a common law marriage are the same as in a formal marriage.
This means assets acquired during the marriage are community property and will be divided upon divorce or death, regardless of the form of the marriage.
Recognition in Other States
Many people think that a common law marriage recognized in Texas will be recognized in other states. While some states will recognize a common law marriage established in another state, not all will.
It’s important to understand that your marital status may not be recognized if you move to a state that doesn’t recognize common law marriage. This can affect your legal rights and responsibilities.
Ceremony and License
A common myth is that a couple must have a formal ceremony or get a marriage license to be legally married. In a common law marriage, neither is required.
What matters is the mutual agreement to be married, cohabitation and representing yourselves to others as married. This informal approach can be good for some but requires strict adherence to the legal requirements.
Easier Dissolution
Some think dissolving a common law marriage is easier than a formal marriage. It’s not. Dissolving a common law marriage requires the same legal process as a traditional divorce, filing for divorce and dividing assets and debts.
The legal marriage date is the earliest date at which the couple met all the legal requirements for common law marriage, and it affects alimony and divorce proceedings. Understanding this will prevent couples from thinking they can just separate without legal paperwork.
Contact an Experienced Texas Family Law Attorney Today!
Navigating a common law marriage can be complex, especially when the legalities are quite different than formal marriages. When you need assistance with understanding these marriages, you should have an experienced Woodlands family law lawyer by your side.
Contact Boatwright Legal today at 281-351-7897 for a free case consultation!