Keith Mack
Texas is one of the states that recognizes common-law marriages, which are also known as informal marriages. This means that couples in Texas can establish a legal marriage without a formal ceremony. However, the Social Security Administration (SSA) only acknowledges common-law marriages in states that permit them. Therefore, if a couple has established a valid common-law marriage in Texas, they may be eligible for Social Security benefits, including SSI. To receive these benefits, the couple must provide evidence to prove their common-law marriage. This evidence may include documents such as lease agreements, tax returns, and insurance policies, and a Declaration of Informal Marriage.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage by SSI in Texas | Yes, but only if the couple has a valid common-law marriage according to Texas state law |
| Requirements for a valid common-law marriage in Texas | Both parties agree to the three elements listed in Section 2.401, including the intention to be married and presenting themselves as such |
| Evidence required by SSI | Statements from each spouse affirming the marriage, statements from blood relatives, mortgage/rent receipts, bank records, insurance policies, etc. |
| Registration of common-law marriage in Texas | Not required, but couples can register by filing a declaration with the county clerk |
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What You'll Learn
Common-law marriage and eligibility for SSI spousal benefits
Texas does recognize common-law marriages. For a marriage to be considered valid, the couple must have a present agreement to be married, live together as husband and wife, and hold themselves out to the public as married. While it is not a requirement, couples can register their common-law marriage by filing a declaration with the county clerk.
The Social Security Administration (SSA) recognizes valid common-law marriages in the same way as traditional marriages. To determine whether a common-law marriage is valid, the SSA follows state law. Therefore, a couple in a common-law marriage in Texas would be entitled to the same benefits as a couple in a traditional marriage.
To apply for SSI spousal benefits, the couple must provide evidence to prove their common-law marriage. This may include documents such as lease agreements, tax returns, insurance policies, mortgage/rent receipts, bank records, and statements from each spouse affirming the marriage. If one spouse has died, the surviving spouse will need to provide their own statement affirming the marriage, along with statements from two blood relatives of the deceased spouse.
It is important to note that SSA will only acknowledge common-law marriages that were established in states that permit them. If a couple moves to another state after establishing a common-law marriage, the new state must recognize their marriage. Additionally, individuals cannot receive both their Social Security Disability Insurance (SSDI) payment and the full spousal benefit at the same time. Instead, they will receive a combination of the two benefits, resulting in the higher amount.
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What documents are required to prove common-law marriage in Texas?
In Texas, common-law marriage, also known as marriage without formalities or an informal marriage, is a legal way for a couple to marry. While it is not a requirement, couples can register their common-law marriage by filing a declaration 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. Other documents that may help prove a common-law marriage include:
- Proof of living together
- Statements affirming that the couple told others they were married
- Evidence of using a partner's last name
- Filing joint tax returns as spouses
- Making joint purchases
- Including your partner on your health insurance
- Making your partner the beneficiary of a life insurance policy
- Joint loan applications or agreements
- Applying for public benefits and listing your partner as a dependent
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. Since court proceedings can be complex, it is recommended to consult with an attorney or a family law practice guide for more information.
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Does Texas require a common-law marriage to be registered?
Texas does not require common-law marriages to be registered. However, couples can choose to register their common-law marriage by filing a Declaration of Informal Marriage with their county clerk's office. This can be done using sample forms and instructions provided by TexasLawHelp.org, or using forms provided by the couple's county clerk's office.
While registration is not mandatory, it is beneficial to do so, as it provides legal recognition of the marriage. This can be important in the event of a divorce or when determining inheritance rights. If a couple chooses not to register their common-law marriage, they may need to provide other documents, such as lease agreements, tax returns, and insurance policies, to prove their marriage. 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 types of proceedings, and such court proceedings can be complex and costly.
To establish a common-law marriage in Texas, couples must meet certain requirements. These include living together, agreeing that they are married, and holding themselves out to others as a married couple. Same-sex couples can also enter into common-law marriages in Texas following the U.S. Supreme Court's decision in Obergefell v. Hodges. It is important to note that proving a common-law marriage in Texas does not depend on the length of time the couple has been together or whether they have children together. Once a common-law marriage is proven, it has the same legal validity as a formal marriage in the state.
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Are same-sex common-law marriages recognised in Texas?
Same-sex common-law marriages are recognised in Texas. According to Texas law, a common-law marriage may be proved by evidence that the couple: agreed to be married, cohabited together in Texas as a married couple, and represented themselves to others in Texas as married. Texas law does not require the couple to be together for a specific period of time before they can declare themselves to be in a common-law marriage.
The Texas Legislature has not amended the statutory language since the U.S. Supreme Court's decision in Obergefell v. Hodges in 2015, which legalized same-sex marriage in every state. Despite this, same-sex common-law marriages are now recognized in Texas.
In order to apply for benefits, the Social Security Administration requires certain evidence to be provided to prove a common-law marriage under Texas law. For couples who 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 2022, the federal Respect for Marriage Act created statutory protections for same-sex marriages. This law requires all states to recognize valid same-sex marriages performed in another state. However, it does not require a state to issue a same-sex marriage license.
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Can a common-law spouse claim survivor benefits?
In Texas, same-sex common-law marriages are recognised. To prove a common-law marriage in Texas, couples must meet the three requirements outlined in Section 2.401. These are: an agreement to be married, living together as husband and wife, and presenting as a married couple in public. Couples can register their common-law marriage by filing a declaration with the county clerk, although this is not a requirement.
In terms of survivor benefits, the Social Security Administration (SSA) will only acknowledge common-law marriages that were established in states that permit them. This means that if a common-law marriage was created in a state that permitted it, the spouse may get Social Security survivors or spouses' benefits in any state. The SSA requires certain evidence to prove a common-law marriage under Texas law. This may include documents such as lease agreements, tax returns, and insurance policies.
In most cases, a widow or widower qualifies for survivor benefits if they are at least 60 and were married to the deceased for at least nine months at the time of death. There are exceptions to this rule, such as if the late spouse's death was accidental or occurred during their service in the U.S. military. The amount of the survivor benefit is generally based on what the late spouse was receiving from Social Security at the time of death. It's important to note that if an individual is eligible for a retirement benefit, they will not receive both that and a survivor benefit—the SSA will pay the higher of the two amounts.
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Frequently asked questions
A common-law marriage is a marriage that is considered valid under certain state laws, even though there was no formal ceremony. It is a marriage between two consenting adults who live together as a married couple, and who are free to marry (i.e., not married to anyone else).
Yes, Texas does recognize common-law marriages. Same-sex common-law marriages are also recognized in Texas.
The SSA follows state law when determining whether people have a valid marriage. If you established a valid common-law marriage in a state where that marriage was legally recognized, the SSA will recognize your marriage for the purpose of benefits even if you later moved to a state that doesn't allow common-law marriages.
To prove a common-law marriage in Texas, you may need to provide certain documents such as lease agreements, tax returns, and insurance policies. If you are applying for Social Security benefits, you will need to provide evidence to prove that you were in a valid common-law marriage, such as signed statements from both spouses and statements from two blood relatives of each spouse.
