Is Common Law Marriage Recognized in Texas?

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.

When you need assistance with legal issues involving marriage and family, you should have an experienced Woodlands family law lawyer by your side.

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:

1. Agreement to be Married: Both parties must have an understanding and agreement they are married.
2. Cohabitation: They must live together in the same household.
3. Representation to Others: They must present themselves to others as married, which can include using the same last name, referring to each other as spouses 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:

1. Agree to be married: Both parties must mutually agree to be husband and wife.
2. Cohabit as a married couple: They must live together in the same household.
3. 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.

experienced Woodlands family law lawyer by your side.

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