Cecily Zamora
Common-law marriage, also known as informal marriage, is a legally recognised marriage in Texas, granting the same rights and responsibilities as traditional marriages. Proving a common-law marriage can be important in the event of a divorce or when determining inheritance rights. While there is no need to show a marriage certificate, there are several ways to prove a common-law marriage in Texas, including signing a Declaration of Informal Marriage, providing proof of cohabitation, and demonstrating an agreement to be married.
| Characteristics | Values |
|---|---|
| Age | Both parties must be at least 18 |
| Relationship status | Both parties must be unmarried and unrelated |
| Residence | Both parties must have lived in Texas |
| Intent | Both parties must have a present, immediate, and permanent intention to be married |
| Cohabitation | Both parties must live together |
| Public declaration | Both parties must publicly declare themselves as married |
| Evidence | Evidence may include joint financial documents, lease agreements, tax returns, insurance policies, etc. |
| Court proceedings | If no declaration was filed, court proceedings may be necessary to prove the marriage |
| Statute of limitations | Texas law places a two-year statute of limitations on court proceedings to prove a common-law marriage |
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What You'll Learn
Proving intent to be married
In Texas, one of the key requirements for establishing a common-law marriage is proving the intention of both parties to be married. This can be a challenging aspect of the process, as it often involves demonstrating a mutual agreement that isn't always formalized or explicitly stated. Here are some guidelines and strategies for proving the intent to be married in the context of a Texas common-law marriage:
Firstly, understand that the court will examine a variety of factors to determine whether there was a mutual agreement to be married. These factors include the conduct and behavior of the couple, as well as any statements they may have made to others. Actions and behaviors that indicate a marital relationship, such as living together, sharing finances, and behaving as a married couple in public, are all relevant. For example, introducing your partner as your "spouse" or "husband/wife" consistently can be strong evidence of intent.
It is important to provide evidence that demonstrates consistency in your behavior and actions as a couple. This can include testimony from family and friends who can attest to your relationship and the understanding that you were holding yourselves out as married. Their statements can confirm that you introduced each other as spouses, wore wedding rings, or otherwise conducted yourselves as a married couple. The longer you have been living together and behaving as a married couple, the stronger your case may be.
Documenting important events and milestones is also beneficial. For example, if you purchased a home together, had children, or made significant financial decisions jointly, these actions suggest a level of commitment indicative of marriage. Any official documents where you have listed each other as spouses, such as insurance forms, tax filings, or medical records, can be powerful evidence. Additionally, any written communication, such as emails or letters, where you express your feelings and intentions regarding the relationship can be useful.
Another strategy is to demonstrate a joint commitment to financial responsibilities and household duties. This can include joint bank accounts, shared bills and expenses, and a general intertwining of finances. Showing that you have jointly purchased significant assets, such as property or vehicles, can also be persuasive. Additionally, consider whether you have made decisions regarding your careers or education with the understanding that you were in a long-term, committed relationship.
Finally, while not all couples choose to have a ceremonial marriage, participating in a wedding ceremony, even an informal one, can be strong evidence of intent to be married. Any documentation or photographs from such an event should be preserved and presented as evidence. If you have exchanged rings, changed your last name, or taken other symbolic actions, be sure to document and explain these actions to the court.
Remember, the key is to provide a comprehensive and consistent picture of your relationship, demonstrating that your words, actions, and behaviors reflected an intention to be married under Texas common-law marriage laws.
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Filing a Declaration of Informal Marriage
In Texas, common-law marriages are legally recognised as "informal marriages". To formally register a common-law marriage, couples must file a Declaration of Informal Marriage with the county clerk's office.
Requirements for Filing a Declaration of Informal Marriage
When registering for a common-law marriage, couples must present themselves at the county clerk's office and provide the following:
- Proof of identity and age, the same as if applying for a marriage license.
- Money to pay the filing fee.
- The completed declaration form, which is available from the county clerk.
Both parties must appear together at the county clerk's office. They must provide proof of identity using documents approved by state law, not be divorced within the last 30 days (or provide a waiver), and not be presently married to anyone else.
The Declaration Oath
The declaration and oath that applicants for informal marriages are asked to sign is as follows:
> I solemnly swear (or affirm) that we, the undersigned, are married to each other by virtue of the following facts: on or about (date) we agreed to be married, and after that date we lived together as husband and wife and in this state we represented to others that we were married. Since the date of marriage to the other party I have not been married to any other person. This declaration is true and the information in it which I have given is correct.
Proving a Common-Law Marriage
Proving a common-law marriage can be important in determining inheritance rights and dividing property and liabilities when a relationship ends. If there is a dispute over 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.
Evidence that can be used to prove a common-law marriage includes:
- Living together.
- Telling others that you were married.
- Using your partner's last name.
- Filing joint tax returns.
- Signing leases or other documents as spouses.
- Making joint purchases.
- Including your partner on your health insurance.
- Making your partner the beneficiary of a life insurance policy.
- Making joint loan applications or agreements.
- Applying for public benefits and listing your partner.
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Providing evidence of cohabitation
In Texas, proving cohabitation as a requirement for common-law marriage does not depend on how long you have been living together or whether you have children. Instead, it is based on the factual circumstances of each case.
To prove cohabitation, you must show that you lived together as husband and wife. Evidence of cohabitation can include:
- Living together
- Filing joint tax returns
- Signing leases or other documents as spouses
- Making joint purchases
- Including your partner on your health insurance
- Making your partner the beneficiary of a life insurance policy
- Making joint loan applications or agreements
- Applying for public benefits and listing your partner as a "spouse"
- Having children together
While introducing your partner as your spouse on a single occasion may not be sufficient evidence, it can be considered as such when coupled with other evidence suggesting that you acted like a married couple and that others thought you were married.
It is important to note that Texas law places a two-year statute of limitations on court proceedings to prove a common-law marriage. If court proceedings are not filed within two years of separation, Texas law presumes that a common-law marriage never existed unless proven otherwise.
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Using joint financial documents
Joint financial documents can be used to prove a common-law marriage in Texas. This is because Texas law states that a common-law marriage may be proved by evidence that the couple lived together and agreed that they were married.
Financial documents that can be used as evidence of a common-law marriage include:
- Deeds showing title to property held jointly by both parties
- Bank statements and checks showing joint ownership of accounts
- Loan documents, leases, mortgages, and promissory notes showing joint financial obligations
- Credit card accounts in the names of both spouses
- Insurance policies
- Tax returns filed jointly
It's important to note that proving a common-law marriage in Texas can be complex, and it's best to consult with an attorney or a family law practice guide for more information about your specific situation. Additionally, Texas law places a two-year statute of limitations on court proceedings to prove a common-law marriage after a couple separates.
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Going to court
If you are trying to prove a common-law marriage in Texas, you may have to go to court. This is especially important if there is a dispute over whether the marriage existed, or if you are trying to prove the marriage after separating from your spouse. Texas law places a two-year statute of limitations on these types of proceedings, so it is important to act quickly.
Court proceedings to prove a common-law marriage can be complex, so it is recommended to consult with an attorney or family law practice guide before going to court. An experienced Texas family attorney can help protect your rights and ensure you are aware of all the legal implications of your relationship.
In court, a judge will review the facts of your case and consider a variety of factors to determine whether a common-law marriage existed. These factors may include:
- Proof of cohabitation: This can include a lease, deed, or mortgage with both your names on it.
- Joint financial documents: Such as joint bank accounts, utility accounts, tax returns, or loan applications.
- Insurance policies: Including health insurance that covers your partner, or life insurance policies that list your partner as the beneficiary.
- Other documents: Referring to each other as "spouse" or "husband/wife" on official documents, such as insurance forms or loan applications, can be strong evidence of a common-law marriage.
- Witness statements: Statements from individuals who can attest that you lived together as spouses and held yourselves out as a married couple.
- Children together: While not necessary, having children together can be considered as part of the totality of the circumstances.
It's important to note that simply living together or having a long-term relationship is not enough to prove a common-law marriage. There must also be evidence of an agreement to be married, such as proof that you told others you were married, used your partner's last name, or included your partner on official documents as your spouse.
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Frequently asked questions
A common-law marriage, also known as an informal marriage, is a legally recognised marriage in the state of Texas. It is a valid marriage that is created without the formalities of a ceremony or a marriage license.
The easiest way to prove a common-law marriage in Texas is by signing a Declaration of Informal Marriage. If you did not sign a declaration, you can still prove an informal marriage by showing that you and your partner:
- Lived together in Texas
- Represented to others in Texas that you were married
- Were not already married to someone else at the time
- Were both at least 18 years old
Documents that can help prove a common-law marriage include:
- Lease agreements
- Tax returns
- Insurance policies
- Joint bank statements
- Proof of cohabitation (e.g. lease, deed, or mortgage with both names)
