Cameron Miranda
Texas law recognises common-law marriages, which are legal marriages without a ceremony or other formalities. Couples can register their common-law marriage by filing a Declaration of Informal Marriage with their county clerk's office. To establish a common-law marriage, couples must meet specific requirements, such as agreeing to be married, living together as spouses, and representing themselves to others as married. There is no requirement for the couple to live together for a specific period before they can declare themselves in a common-law marriage. If a common-law couple decides to separate, they must file for divorce, similar to a formal marriage.
| Characteristics | Values |
|---|---|
| Legal recognition | Common-law marriage is a legally recognized form of marriage in Texas |
| Same-sex recognition | Common-law marriage is available to same-sex couples |
| Duration of relationship | Relationship duration has no bearing on whether a couple is in a common-law marriage |
| Residency requirements | At least one of the two parties must reside in Texas for at least 6 months to legally marry |
| Age requirements | Both parties must be at least 18 years of age |
| Marital status | Neither party can be married to anyone else |
| Relationship status | The parties may not be related to one another |
| Proof of marriage | A couple can sign a Declaration of Informal Marriage with their county clerk to serve as proof of marriage |
| Court proceedings | If no declaration was filed, it may be necessary to go to court 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 |
| Divorce | Couples who want to end a common-law marriage must file for divorce |
| Property and debts | If a common-law marriage is proven, property and debts are divided in the same way as a formal marriage |
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What You'll Learn
Common-law marriage requirements
Texas is one of a handful of states that recognizes common-law marriage, also known as informal marriage. This means that two people can be legally considered married without having a formal wedding ceremony or obtaining a marriage license. To establish a common-law marriage in Texas, several requirements must be met.
Firstly, both parties must agree and consent to being married. This mutual agreement is crucial and must be established. The couple must also cohabitate, living together in the same residence and representing themselves to others as spouses or partners. They must act as if they are married, which is often referred to as "holding themselves out as married." This can include introducing each other as husband and wife, using the same last name, wearing wedding rings, filing joint tax returns, and sharing finances and property.
Another important factor is the duration of the relationship. There is no specific length of time required, but the longer the couple has lived together and presented themselves as married, the stronger their case will be. It is also necessary that neither party is currently married to someone else. This includes any legal common-law marriages as well as formal marriages. Bigamy is illegal in Texas, and a person must end one marriage before entering into another, whether common-law or formal.
In addition, common-law marriages in Texas must meet certain age and capacity requirements. Both parties must be at least 18 years old and of sound mind. This means they must have the mental capacity to understand the nature and effects of their actions and the decision to enter into a marital relationship. These requirements for common-law marriage in Texas are similar to those for a formal marriage, ensuring that the union is entered into willingly, with full understanding, and without any legal or mental impairments.
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Proving a common-law marriage
Common-law marriage, also known as marriage without formalities or 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 may require court proceedings.
To prove a common-law marriage in Texas, couples must show that they meet all of the following requirements:
- They are not already married, informally or formally, to anyone else.
- They live together.
- They agree that they are married.
- They hold themselves out to others as a married couple.
Documents like tax returns, lease agreements, insurance policies, etc. may also be helpful in proving a common-law marriage. For example, a couple may have filed joint tax returns as spouses or signed leases or other documents as spouses. Introducing a partner as a spouse on a single occasion might not be enough by itself, but it may be if coupled with other evidence suggesting that the couple acted like a married couple and that others thought they were married.
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 that the marriage never existed unless proven otherwise.
Once a common-law marriage is proven, it has no "lesser status" than a formal marriage. Under Texas law, all property acquired during a marriage (formal or common law) is community property, and debts accumulated during a marriage are also divided between the spouses. Inheritance laws also apply to common-law marriages.
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Common-law marriage and divorce
A common-law marriage in Texas is a legal marriage without a formal ceremony or marriage license. Couples in a common-law marriage are regarded as legally married and enjoy the same rights as couples in a ceremonial marriage.
To establish a common-law marriage in Texas, couples must meet the following requirements:
- Both parties must be at least 18 years old.
- Neither party can be married to anyone else.
- The parties may not be related to one another.
- The couple must live together in Texas.
- The couple must agree that they are married.
- The couple must publicly represent themselves as married to others. This can include using the same last name, filing joint tax returns, introducing each other as spouses, having joint bank accounts or credit cards, and listing each other as beneficiaries on insurance policies or financial accounts.
If a couple meets the requirements for a common-law marriage, they can sign a Declaration of Informal Marriage with their county clerk to serve as validated proof of the marriage. However, this step is not mandatory.
Proving a Common-Law Marriage
Proving a common-law marriage can be important when a relationship is ending (divorce) and in determining inheritance rights. 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. After two years of separation, if no action has been taken to prove the marriage, Texas law presumes that the marriage never existed.
Divorce
Ending a common-law marriage in Texas is similar to ending a formal marriage. If a common-law couple decides to split up, they must file for divorce. The process for dissolving a common-law marriage is the same as for a formal marriage, requiring court involvement and a legal proceeding. All property acquired during a common-law marriage is considered community property and will be divided equally between the spouses, regardless of who made the purchase or whose name is on the title. Debts accumulated during the marriage are also divided between the spouses.
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Common misconceptions
There are several misconceptions about common-law marriage in Texas. One of the most common misconceptions is that a couple will automatically be considered married under common law if they live together for a certain period. This is not the case, and there is no requirement for a couple to live together for a specific length of time to be considered in a common-law marriage. However, they must establish that they have set up a household together.
Another misconception is that there is such a thing as a "common-law divorce". Once a couple's common-law marriage has been recognised by the state, they are considered legally married and must go through the same divorce process as a couple who had a ceremonial marriage.
A third misconception is that a couple can be considered married under common law without meeting the same residency requirements as a couple who had a ceremonial marriage. In fact, at least one of the parties must reside in Texas for at least six months for a common-law marriage to be valid.
Some people also mistakenly believe that a couple can be considered married under common law without both parties agreeing to be married. However, this agreement is one of the key requirements for a common-law marriage to be valid.
Finally, it is worth noting that common-law marriage is a legally recognised form of marriage in Texas, and as such, it is not a way to avoid the costs of a traditional marriage ceremony or to bypass any religious or personal reasons for not wanting a traditional marriage.
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Common-law marriage and inheritance
Texas law still refers only to "husband and wife," but common-law marriage is also available to same-sex couples due to the U.S. Supreme Court's decision in Obergefell v. Hodges. Common-law marriage is a legally recognized form of marriage in Texas, allowing couples to be considered married without a formal ceremony or marriage license.
To establish a common-law marriage, a couple must meet specific requirements, including agreeing to be married, living together as spouses, and representing themselves to others as married. Proving a common-law marriage can be important when a relationship is ending (through divorce, annulment, or the death of one of the spouses) and in determining inheritance rights.
If a common-law marriage is proven, the division of community property and debts is the same as for a formal marriage. If no common-law marriage is proven, there is no marital property or debts to divide.
In terms of inheritance, if married formally or through common law, a spouse is entitled to inherit from the other spouse if the other spouse (decedent) died without a will (intestate). If a person can prove they were married to the decedent through common law, they may be able to claim a share of the decedent's estate.
Proving a common-law marriage in Texas can be complex and may require court involvement. It is not dependent on how long a couple has been together, but rather on factors such as living together, using the same last name, filing joint tax returns, introducing each other as spouses, having joint bank accounts, and statements from friends and relatives supporting the relationship status.
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Frequently asked questions
To establish a common-law marriage in Texas, couples must meet the following requirements: both parties must be at least 18 years old, neither party can be married to anyone else, the parties cannot be related to one another, they must live together, agree that they are married, and hold themselves out to others as a married couple.
To prove a common-law marriage, couples must show that they have met the above requirements. This can be done by providing evidence such as statements from friends, relatives, and other relevant parties that support their relationship status as being married. Other components used to validate a common-law marriage include joint bank accounts, shared credit cards, using the same last name, filing joint tax returns, or introducing each other as spouses.
Ending a common-law marriage in Texas is similar to ending a formal marriage. If a common-law couple decides to split up, they must file for divorce. If court proceedings are not filed within two years of the separation, Texas law presumes the common-law marriage never existed unless it is proven otherwise.
