Cameron Miranda
Texas is one of less than 20 states that recognize common-law marriages. A common-law marriage is a legal marriage without a ceremony or other formalities. To establish a common-law marriage in Texas, couples must meet specific requirements, such as agreeing to be married, living together as spouses, and representing themselves to others as married. Couples can register their common-law marriage by filing a declaration with the county clerk. If a couple chooses not to declare their common-law marriage, they may need to provide documents such as lease agreements, tax returns, and insurance policies to prove the marriage.
| Characteristics | Values |
|---|---|
| Recognition in Texas | Yes, common-law marriages are recognised in Texas |
| Same-sex recognition | Yes, following the US Supreme Court's 2014 decision in Obergefell v. Hodges |
| Declaration of marriage | Couples can sign a declaration of informal marriage at the county clerk's office |
| Requirements | Couples must live together, agree that they are married, and hold themselves out to others as a married couple |
| Time length requirement | There is no time length requirement, but couples must prove they intended to be married |
| Separation | If couples separate, they must file for divorce |
| Proving marriage | Couples can use documents such as lease agreements, tax returns, and insurance policies to prove their marriage |
| Statute of limitations | There is a two-year statute of limitations on court proceedings to prove a common-law marriage |
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What You'll Learn
Common law marriage requirements in Texas
Texas is one of the few states that recognize common-law marriages, also known as informal marriages. A common-law marriage is a legally valid marriage without a formal ceremony or marriage license.
To establish a common-law marriage in Texas, couples must meet specific requirements. Firstly, both parties must be at least 18 years old, and neither party can be married to anyone else. The couple must agree to be married and live together in Texas as spouses. They must also publicly represent themselves as married, such as by using the same last name, filing joint tax returns, or introducing each other as spouses.
There is a common misconception that living together for a certain period automatically results in a common-law marriage. This is not true in Texas or anywhere else. The duration of the relationship has no bearing on whether a couple is in a common-law marriage. However, to fulfill the living together requirement, the couple must maintain a household together and do things associated with being a married couple.
Couples can register their common-law marriage by signing a "declaration of informal marriage" with the county clerk. For couples that choose not to declare their common-law marriage, documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage in court. If court proceedings are not filed within two years of separation, Texas law presumes the common-law marriage never existed unless proven otherwise.
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How to prove a common law marriage
Common law marriage, also known as marriage without formalities or an informal marriage, is a valid and legal way for a couple to marry in Texas. However, proving a common-law marriage can be complex and depends on the specific circumstances of each case. Here are the steps and considerations for proving a common-law marriage in Texas:
- Live together: The first requirement for a common-law marriage in Texas is cohabitation. Both parties must live together, but note that living together for a certain period does not automatically result in a common-law marriage.
- Agreement of marriage: Both parties must agree that they are married. There must be evidence of a present, immediate, and permanent intention to have a marital relationship. An agreement to marry in the future does not establish a common-law marriage.
- Hold out as a married couple: In addition to agreeing internally, you must also hold out to others that you are a married couple. This involves presenting yourselves as a married couple to the public and being perceived as such.
- No other marriages: To establish a common-law marriage, neither party should be currently married, informally or formally, to anyone else. Both parties must be at least 18 years old and not related.
- Declaration and registration: While not mandatory, couples can choose to register their common-law marriage by filing a declaration with their county clerk. This provides official recognition and may simplify future legal processes.
- Documentary evidence: If you choose not to declare your common-law marriage, certain documents can be used as evidence to prove the marriage. These include lease agreements, tax returns, insurance policies, joint loan applications, and other financial or legal documents listing both partners as spouses.
- Court proceedings: If there is a dispute about the existence of a common-law marriage, it may be necessary to go to court to prove the marriage. Texas law imposes a two-year statute of limitations on these proceedings, starting from the date of separation. Consult an attorney or legal practitioner for guidance on navigating these complex proceedings.
Remember, proving a common-law marriage in Texas is fact-specific, and each case is assessed individually. While cohabitation is relatively straightforward to establish, demonstrating the mutual agreement to be married and holding out as a married couple can be more challenging.
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The process of filing for a common law marriage
In Texas, a common-law marriage is a valid and legal way for a couple to marry. This also applies to same-sex couples. However, there are certain requirements that must be met to prove a common-law marriage.
Firstly, both parties must agree that they are married. This does not depend on how long the couple has been living together or whether they have children together. It is also important to note that simply living together for a certain period of time does not create a common-law marriage.
Secondly, the couple must live together as husband and wife. This involves more than just sharing a living space; it includes actions and conduct that demonstrate their agreement to be married. For example, introducing each other as spouses, wearing rings on ring fingers, signing credit applications or other documents as a married couple, filing joint tax returns, and including each other on insurance policies.
Thirdly, the couple must "hold out" to others that they are married. This means they must represent to others that they are married, such as by telling others they are married, using their partner's last name, or including their partner on family memberships.
If a couple chooses not to declare their common-law marriage, they may need to provide documents such as lease agreements, tax returns, and insurance policies to prove the marriage if a dispute arises. It is important to note that there is a two-year statute of limitations for court proceedings to prove a common-law marriage in Texas. Therefore, it is advisable to seek legal guidance from an attorney or family law specialist.
Additionally, ending a common-law marriage in Texas is similar to ending a formal marriage. If a common-law couple decides to separate, they must file for divorce.
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Rights and protections of couples in a common law marriage
In Texas, a common-law marriage is a valid and legal way for a couple to marry. It is a marriage without the formalities of a ceremony. Once proven, a common-law marriage has no "lesser status" and is as legally valid as a formal marriage.
To prove a common-law marriage, there are three requirements that must be met simultaneously:
- The couple must agree that they are married.
- They must live together as husband and wife.
- They must "hold out" to others that they are married. This means they must represent to others that they are married. Actions and conduct are examined here, for example, introducing each other as spouses, wearing rings on ring fingers, or signing documents as a married couple.
Couples can register their common-law marriage by filing a declaration with the county clerk. If they choose not to declare their common-law marriage, documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage.
Rights and Protections
When it comes to the rights and protections of couples in a common-law marriage, there are a few key considerations:
- Inheritance: If one spouse dies without a will, the other spouse is entitled to inherit from them.
- Property and Debts: If a common-law marriage is proven, property and debts are divided in the same way as a formal marriage. All property acquired during the marriage is considered community property, regardless of which spouse made the purchase or whose name is on the title.
- Benefits: A common-law marriage must be terminated with either a standard divorce suit or by the death of one of the parties. It does not simply end if the couple physically separates.
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Divorce procedures for common law marriages
Texas recognizes common-law marriages, and the process of getting a divorce for such marriages is similar to that of a formal marriage. If a common-law couple decides to split up, they must file for divorce. The divorce process for common-law marriages is the same as that for traditional marriages, except that common-law couples must prove to the court that they met the requirements to be considered married under common law.
To prove a common-law marriage, couples must show that they:
- Agreed to be married
- Lived together in Texas as husband and wife
- Held themselves out to the public as husband and wife
Documents such as lease agreements, tax returns, and insurance policies may be requested to prove the marriage. If no declaration was filed and there is a dispute as to whether a common-law marriage existed, it may be necessary to go to court to prove the marriage. Texas law places a two-year statute of limitations on these types of proceedings. If court proceedings are not filed within two years of the separation, Texas law presumes the marriage never existed unless proven otherwise.
It is important to obtain a divorce for a common-law marriage to protect your interests and avoid problems with child custody, child support, spousal support, and property division. A divorce attorney can handle the entire process and help ensure that your rights are protected.
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Frequently asked questions
A common-law marriage, also known as an informal marriage, is a legal marriage without a ceremony or other formalities. It is a valid and legal way for a couple to marry in Texas.
To prove a common-law marriage in Texas, a couple must meet specific requirements, including agreeing to be married, living together as spouses, and representing themselves to others as a married couple. This can be done by signing a declaration of informal marriage, which is the clearest way to establish a common-law marriage.
The process for ending a common-law marriage in Texas is similar to that of a formal marriage. If a common-law couple decides to separate, they must file for divorce, and any property acquired during the marriage will be subject to division upon divorce.
