Gavin Howe
Texas is one of the few states that recognizes common-law marriages, which are also known as informal marriages. This means that couples in Texas can be legally married without a formal ceremony or a marriage license. However, there are specific legal requirements that must be met for a common-law marriage to be valid. While living together for a certain period of time is not one of them, both parties must be at least 18 years old, neither can be married to anyone else, and they must not be related. Additionally, they must mutually agree to be married, cohabitate, and represent themselves to others as a married couple. Proving a common-law marriage in Texas can be complex and may require going to court, especially if there is no Declaration of Informal Marriage filed with the county clerk.
| Characteristics | Values |
|---|---|
| Is common law marriage legal in Texas? | Yes |
| Is there a time requirement for cohabitation? | No, but the couple must cohabit |
| What are the requirements for a common law marriage? | Mutually agree to be married, cohabit as a married couple, and represent themselves to others as married |
| How do you prove a common law marriage? | Sign a "declaration of informal marriage" with the county clerk's office, or provide evidence of the three requirements |
| What are the benefits of a common law marriage? | The same rights and responsibilities as a traditional marriage, including in other states |
| What is the process for divorce in a common law marriage? | The same as a traditional marriage, including division of assets and debts |
| Are same-sex common law marriages recognized? | Yes |
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What You'll Learn
Common law marriage is recognised in Texas
Texas is one of the less than 20 states that recognize common-law marriages. A common-law marriage, also known as an informal marriage, is a legal marriage without a ceremony or other formalities. Couples in a common-law marriage enjoy the same rights and responsibilities as those in a traditional marriage.
There are two ways to establish a common-law marriage in Texas. The first and easiest way is for the couple to sign a "declaration of informal marriage" with the county clerk's office. Once signed, the declaration is valid proof of marriage, and the couple is considered married for all legal purposes.
The second method is to provide evidence that the couple has met the three conditions as described in Texas Family Code Sec. 2.401. These conditions are that the couple:
- Mutually agreed to be married
- Subsequently cohabitated in this state as a married couple
- Represented to others they were married
It is important to note that proving a common-law marriage can be difficult and expensive, and it may be necessary to go to court to prove the marriage. Additionally, couples who want to end a common-law marriage must file for divorce, and the same procedures apply as in a traditional marriage.
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There are two ways to establish a common law marriage
Texas is one of the less than 20 states that recognize common-law marriages. Common-law marriages, also known as informal marriages, are legally valid in Texas. Couples in a common-law marriage enjoy the same rights and responsibilities as those in a traditional marriage.
There are two ways to establish a common-law marriage in Texas. The first way is for the couple to sign a "declaration of informal marriage" with the county clerk's office. This is the easiest and most clear-cut way to legally establish an informal or common-law marriage. Once the declaration is signed, it is valid proof of marriage, and the couple is considered married for all legal purposes.
The second way to establish a common-law marriage is by providing evidence that the couple has met the three conditions as described in Texas Family Code Sec. 2.401. These conditions are that the couple:
- Mutually agreed to be married
- Subsequently cohabitated in this state as a married couple
- Represented to others they were married
Proving these three elements can be extremely difficult and expensive. It often requires gathering testimony from friends, family, or colleagues about the nature of the relationship, which can be an intrusive process.
Documents like tax returns, lease agreements, insurance policies, etc. may also be helpful in proving a common-law marriage. If there is a dispute about 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. Given the complexity of these court proceedings, it is recommended to consult with an attorney or a family law practice guide.
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Same-sex couples can enter into a common law marriage
There are a few ways to establish a common law marriage in Texas. One way is for the couple to sign a "declaration of informal marriage" with the county clerk's office. This is a legal document that outlines the couple's intention to be married and their agreement to be married. The other way to establish a common-law marriage is by proving the three elements of a common-law marriage, which are:
- The couple agreed to be married
- After the agreement, they cohabitated (lived) together in Texas as a married couple
- They represented themselves to others in Texas as a married couple
It is important to note that simply living together does not mean a couple is considered married under Texas common law. There must be evidence of an agreement to be married, and the couple must hold themselves out to the public as married.
Same-sex couples who enter into a common law marriage in Texas have the same rights and privileges as couples who are legally married through a wedding, ceremony, or license. This includes the right to file for divorce and the protections that come with the dissolution of a marriage, such as the division of joint debt and child support.
While common law marriage is currently recognized in Texas, there may be changes to the law in the future. Legal experts have questioned whether the Obergefell v. Hodges ruling, which legalized same-sex marriage nationwide, could be challenged. If this ruling is overturned, it could impact not just marriage but also parental rights, inheritance laws, and other family legal matters. Therefore, it is recommended that same-sex couples in Texas take proactive legal measures to protect their rights, such as consulting with an LGBTQ+ family law lawyer and creating written documents that clarify their marital status.
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Common law marriages have the same rights as traditional marriages
Texas is one of the few states that legally recognizes common-law marriages. This means that, in Texas, a couple can become legally married without a ceremony or a marriage license. However, this does not mean that there are no requirements for a common-law marriage.
For a common-law marriage to be valid, certain legal requirements must be met. Both parties must be at least 18, unrelated, and not currently married to someone else. They must live together and agree that they are married. They must also hold themselves out to others as a married couple. This means that they must represent to others that they are married. Spoken words alone can fulfill this requirement, but actions and conduct are also examined. For example, introducing each other as spouses, wearing rings on ring fingers, or signing credit applications as a married couple could separately qualify as “holding out” to others as married.
If a common-law marriage is established, the spouses hold all the same legal rights as a couple who have a marriage license. These rights can be important throughout the marriage and in the event of a death or divorce. For example, under Texas law, all property acquired during a marriage, whether formal or common-law, is considered community property. If a common-law marriage is proven, the community property is divided in the same way as if the parties were formally married. Debts accumulated during a common-law marriage are also divided between the spouses.
It is important to note that proving a common-law marriage can be complex. In some situations, it may be necessary to go to court to prove the marriage. If two years pass after a common-law marriage couple separates and neither party has filed anything to prove the marriage, the state presumes that the marriage never existed.
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Common law marriages can be difficult to prove
Texas is one of the few states that recognize common-law marriages. A common-law marriage, also known as an informal marriage, is a legally valid marriage where the spouses did not have a ceremony or obtain a marriage license.
To prove a common-law marriage in court, couples must typically provide several types of evidence demonstrating their intention to be married and their conduct as a married couple. This can include presenting themselves to family, friends, and the community as a married couple, using words like "husband," "wife," or "spouse" when referring to each other, and having joint tax returns, bank accounts, leases, or insurance policies.
The legal requirements for common-law marriage vary by state, and it is important to understand the specific laws and regulations in Texas or any other state where the marriage is being established. Additionally, the myth that a couple automatically enters into a common-law marriage after living together for a certain period, such as seven years, is not true in Texas or any other state. The length of time a couple has lived together is not a factor in determining a common-law marriage.
In summary, while common-law marriage is legal in Texas, it can be challenging to prove due to the complex legal requirements and the need for substantial evidence. Couples considering a common-law marriage or seeking to prove their marital status may benefit from consulting with an attorney or legal expert familiar with the specific laws and regulations in Texas.
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Frequently asked questions
Yes, common-law marriage is recognized in Texas.
There are two ways to establish a common-law marriage in Texas. The first is for the couple to sign a "declaration of informal marriage" with the county clerk's office. The second is to prove the three elements outlined in Texas Family Code Sec. 2.401: mutually agreeing to be married, cohabitating as a married couple, and representing to others that they are married.
Documents such as tax returns, lease agreements, insurance policies, and joint purchases may be used to prove a common-law marriage. In some cases, it may be necessary to go to court to prove the marriage.
Couples who want to end a common-law marriage must file for divorce. The divorce procedures are the same as those for a traditional marriage.
