Common law marriage in Texas is full of myths and misconceptions. Unlike a traditional marriage, common law marriage, also known as informal marriage, doesn’t require a ceremony or marriage license, but it’s just as binding. If you’re considering a common law marriage or already in one, you need to understand the details.
This will explain what common law marriage is, the laws in Texas and how the process works.
What is Common Law Marriage?
Common law marriage is a union between two people who live together and present themselves as married without a ceremony or marriage license. Unlike traditional marriage, common law marriage relies on the couple’s behavior and mutual agreement to be recognized as married. Individuals in such a relationship are considered common law married.
Common Law Marriage in Texas
In Texas, there are three requirements for a common law marriage to be recognized:
- Agreement to Be Married: Both parties must agree to be married. This can be verbal and doesn’t have to be in writing.
- Cohabitation: The couple must live together in Texas as husband and wife. There is no time requirement for cohabitation.
- Public Representation: The couple must represent themselves to others as married. This can be things like using the same last name, filing joint tax returns or referring to each other as husband and wife in public.
Couples can also sign and file a Declaration of Informal Marriage form to validate their common law marriage, entitling them to the same legal rights and duties as couples joined through traditional ceremonial marriage.
Is Common Law Marriage in Texas Considered Legal?
A valid common law marriage in Texas is considered a legal marriage and gives the couple the same rights and responsibilities as a formal marriage. This includes property rights, spousal support and child custody and support. If the relationship ends, the couple must go through a formal divorce to dissolve the marriage and divide assets.
How to Prove Common Law Marriage in Texas
To establish a common law marriage in Texas, the couple must show clear and convincing evidence of all three requirements. This can be joint bank accounts, shared property and affidavits from friends or family that the couple is married.
It is crucial to prove that a common law marriage in existed with clear and convincing evidence to meet legal standards.
Common Law Marriage in Texas
Property
A couple in a common law marriage in Texas has the same property rights as a traditional marriage. This means any property acquired during the marriage is community property and will be divided upon divorce. Both parties have an equal interest in everything acquired while they were together.
Spousal Support
Spousal support, or alimony, can be awarded in a common law marriage just like in a formal marriage. If one partner can show a need for financial support and the other partner can pay, the court can order spousal support to be paid after the common law marriage is dissolved.
Child Custody and Support
Child custody and support in a common law marriage is the same as in a traditional marriage. The court will decide custody based on the best interest of the child, considering factors like the child’s needs, each parent’s ability to care for the child and any history of family violence. Child support will be calculated according to Texas guidelines to ensure the child’s needs are met.
Burden of Proof
To establish a common law marriage, you must show clear and convincing evidence. The burden of proof is on the party asserting the marriage. This means you must provide a lot of evidence that the three requirements for common law marriage were met: mutual agreement to be married, cohabitation and public representation as a married couple.
Divorce
Common law divorce in Texas follows the same process as a traditional divorce. The couple must file for divorce and the court will handle the division of assets, spousal support, and child custody and support. Both parties must follow the same legal process to finalize the divorce.
How to Prove Common Law Marriage in Texas
Mutual Agreement to be Married
The first requirement to establish a common law marriage in Texas is mutual consent. Both parties must agree to be married. This doesn’t have to be in writing or formally documented. But it must be clear that both parties intend to be considered married.
Cohabitation
Cohabitation, or living together, is the second requirement. The couple must live in Texas. There is no time limit on how long they must live together. Just that their cohabitation is marriage-like, they share a home together.
Public Representation
The third requirement is public representation. The couple must present themselves to others as married. This can be using the same last name, referring to each other as husband and wife or filing joint tax returns. Other evidence might be joint bank accounts, shared property ownership or statements from friends and family that they are married.
Documentation and Evidence
While formal documentation is not required to establish a common law marriage, having evidence can be important if the marriage is contested. Couples should consider keeping records like joint leases, bills and affidavits from acquaintances who can attest to their relationship. These documents can be used to prove the marriage if needed.
Legal Advice
Couples considering a common law marriage should seek legal advice to make sure they meet all the requirements. A family law attorney can help you document the relationship and protect both parties’ rights. It is also important to document the legal marriage date for legal purposes, as it can impact alimony, spousal support, and community property disputes in Texas.
Misconceptions about Common Law Marriage in Texas
Automatic Marriage After Cohabitation
Many people think that living together for a certain amount of time automatically creates a common law marriage. In Texas, cohabitation alone does not create a common law marriage. The couple must also mutually agree to be married and publicly represent themselves as a married couple.
Time Requirements
Many think there is a time requirement for a common law marriage to be valid. Texas law doesn’t specify a time limit for cohabitation. The key is the mutual agreement to be married and public representation of the relationship as a marriage.
Public Representation Myths
Another myth is that minor public acts, like introducing a partner as a spouse a few times is enough to establish a common law marriage. Consistent and broad public representation like using the same last name, filing joint tax returns and maintaining joint accounts is what’s needed to meet this requirement.
Common Law Marriage Means Less Legal Rights
Some think a common law marriage has less legal rights than a formal marriage. In reality a common law marriage in Texas has the same legal rights as a traditional marriage. This includes property division, spousal support and child custody in case of a divorce.
Informal Dissolution
People assume because a common law marriage is informal it can be dissolved informally. But dissolving a common law marriage requires a formal legal process, just like a traditional marriage. Couples must go through the court system to get a divorce and address property division and child custody.
Call an Experienced Friendswood Family Law Attorney Today!
Common law marriage in Texas is important for couples who are considering this type of relationship or already living together without a formal marriage. No ceremony or marriage license required, common law marriages have the same legal rights as traditional marriages, property, spousal support and child custody.
Having an experienced Friendswood family law attorney by your side can help you and your partner navigate the legalities of a common law marriage. Don’t hesitate to contact us at 281-262-1311 ASAP!
