Cecily Zamora
Texas is one of the few states that allow people to marry legally without a marriage license or ceremony, which is known as a common-law or informal marriage. In 2015, the Obergefell v. Hodges decision by the U.S. Supreme Court ruled that states must recognize same-sex marriages, and as a result, same-sex common-law marriages are now recognized in Texas. This means that same-sex couples in Texas who refer to each other as spouses and live together might find themselves unintentionally married. However, it's important to note that Texas statutes regarding informal marriages still use the phrase husband and wife, and the law is still evolving on how it will be applied to same-sex couples.
| Characteristics | Values |
|---|---|
| Common law marriage recognized in Texas | Yes |
| Common law same-sex marriage recognized in Texas | Yes |
| Common law marriage proof | Evidence of agreement to be married, cohabitation in Texas, and representation of marriage to others |
| Common law marriage registration | Optional, but recommended to file a declaration with the county clerk |
| Common law marriage divorce | Same as any other marriage, by death or divorce |
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What You'll Learn
- Texas law allows same-sex common law marriages, or informal marriages
- There is no minimum time requirement for a couple to be together before they can declare themselves in a common law marriage
- To enter into a common law marriage, couples must agree to be married, live together as spouses, and represent themselves as married
- Couples can register their common law marriage by filing a declaration with the county clerk
- Texas allows parties in an informal marriage to hold the earliest date at which they satisfied all requirements of an informal marriage as their legal marriage date
Texas law allows same-sex common law marriages, or informal marriages
Texas law allows same-sex couples to enter into a common law marriage, also known as an informal marriage. This means that same-sex couples in Texas can marry without going through a licensing procedure or marriage ceremony.
To enter into a common law marriage in Texas, a couple must satisfy a three-part test. Firstly, the couple must agree to be married. Secondly, after agreeing, they must cohabit together in Texas as a married couple. Thirdly, they must represent themselves to others in Texas as being married. There is no minimum time limit for the couple to live together to satisfy this test.
Same-sex couples who refer to each other as spouses and live together in Texas may find themselves unintentionally married. This is because 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.
Once a couple has entered into a common law marriage in Texas, it becomes a legal marriage under Texas law. If a couple moves to another state that does not recognize common law marriage, their marriage will still be recognized as Texas is required to recognize legal marriages from other states.
While Texas law now recognizes same-sex common law marriages, the Texas Legislature is yet to amend the statutory language, which still uses the phrase "husband and wife". It is possible that the legislature will do away with common law marriage rather than extend it, as it may be considered outdated and unnecessary in modern Texas.
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There is no minimum time requirement for a couple to be together before they can declare themselves in a common law marriage
In Texas, same-sex couples can enter into an informal marriage, also known as a common-law marriage. Texas law does not require couples to be together for a specific period before they can declare themselves in a common-law marriage. This means that there is no minimum time requirement for a couple to be together before they can declare themselves in a common-law marriage.
The Texas Family Code outlines that a common-law marriage may be evidenced by three requirements: the couple agreed to be married, cohabitated together in Texas as a married couple, and represented themselves to others in Texas as married. This is often referred to as the three-part test, and there is no minimum time limit that the couple must live together to satisfy this test.
It is important to note that the Texas statute about informal marriages still uses the phrase "husband and wife." However, despite this, same-sex common-law marriages are now recognized in Texas as a result of the U.S. Supreme Court ruling in Obergefell v. Hodges. This ruling created statutory protections for same-sex marriages and required all states to recognize valid same-sex marriages performed in another state.
While Texas does recognize common-law marriages, it is worth noting that not all states have similar laws. If a couple moves to another state that does not recognize common-law marriage, their marriage will still be recognized due to the requirement for states to acknowledge legal marriages from other states.
To provide clarity and avoid any potential complications, couples may choose to register their common-law marriage by filing a declaration with the county clerk. This is not mandatory, but it can offer additional assurance.
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To enter into a common law marriage, couples must agree to be married, live together as spouses, and represent themselves as married
In Texas, same-sex couples can enter into an informal marriage, also known as a common-law marriage. Texas law states that a common-law marriage may be proven by evidence that the couple:
- Agreed to be married
- After the agreement, lived together in Texas as a married couple
- Represented themselves to others in Texas as married
There is no minimum time limit for how long the couple must live together. 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.
While Texas law still uses the phrase "husband and wife" in reference to common-law marriages, same-sex common-law marriages are now recognized in Texas as a result of the U.S. Supreme Court ruling in Obergefell v. Hodges. This ruling also means that all states must recognize valid same-sex marriages performed in another state.
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Couples can register their common law marriage by filing a declaration with the county clerk
Texas is one of the few states that allow people to marry legally without a license or ceremony. This is called a common-law or informal marriage. In Texas, same-sex couples can enter into an informal marriage, which is a legal marriage.
To register a common-law marriage, couples must file a declaration with their county clerk's office. This is called a Declaration of Informal Marriage, and it requires an oath where both parties swear they are married to each other and not to anyone else. Once the form is filed, the common-law marriage is officially registered.
If a couple does not register their common-law marriage, they may need to provide other documents as proof of their marriage, such as lease agreements, tax returns, and insurance policies. If there is a dispute about the existence of a marriage, a court may need to decide, and this process can be complex.
Proving a common-law marriage in Texas requires evidence of three elements:
- The couple agreed to be married
- The couple cohabitated (lived) together in Texas as a married couple
- The couple represented themselves to others in Texas as a married couple
This proof can take many forms, including documents, letters, or other evidence that show the couple considered each other spouses. Friends and family can also be witnesses to the relationship, especially if they heard both parties refer to each other as spouses. Other examples of proof include using a partner's last name, filing joint tax returns, signing leases or other documents as spouses, making joint purchases, including a partner on health insurance, and making joint loan applications.
It is important to note that there is no minimum time requirement for how long a couple must live together to be considered common-law married. However, if a couple separates for more than two years without taking action to end the marriage, it becomes harder to prove a common-law marriage existed.
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Texas allows parties in an informal marriage to hold the earliest date at which they satisfied all requirements of an informal marriage as their legal marriage date
Texas is one of the few states in the US that recognizes common law marriages, also known as informal marriages. This means that couples can marry without going through a licensing procedure or marriage ceremony. Texas law states that a common-law marriage may be proved by evidence that the couple agreed to be married, lived together in Texas as a married couple, and represented themselves to others as married.
The Texas Family Code outlines that an informal marriage may be between a man and a woman, but following the Obergefell decision, it is likely that courts will now interpret the statute to include same-sex couples. This means that same-sex couples in Texas can enter into an informal marriage and be legally recognized as such.
The date of the marriage is an important consideration for couples in an informal marriage. Texas allows parties in an informal marriage to hold the earliest date at which they satisfied all requirements of an informal marriage as their legal marriage date. This means that the date on which the couple first agreed to be married, lived together as a married couple, and represented themselves as such to others, is their legal marriage date. This date is important for determining the accumulation of community property.
It is worth noting that there is no minimum time limit for the couple to live together to be considered informally married. Additionally, there is no requirement to register an informal marriage, but couples can choose to do so by filing a declaration with the county clerk. If a couple chooses not to declare their common-law marriage, they may need to provide other documents, such as lease agreements or insurance policies, to prove the marriage.
While Texas recognizes common-law marriages for same-sex couples, the language in the Texas statutes still uses the phrase "husband and wife." This discrepancy has not yet been amended by the Texas Legislature. However, despite this, same-sex common-law marriages are legally recognized in Texas, and the state must also recognize valid same-sex marriages performed in other states.
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Frequently asked questions
Yes, same-sex couples in Texas can enter into an informal marriage, also known as a common-law marriage.
Under the Texas Family Code, a common-law marriage may be proved with evidence that the couple: agreed to be married, cohabitated in Texas as a married couple, and represented themselves to others in Texas as married.
If you and your spouse do not have children, you can use the forms provided by TexasLawHelp.org to file for divorce. If you have children or your spouse is pregnant, you may need to talk to an attorney for help with divorce.
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