Common Law Marriage In Texas
Last updated on August 8, 2024
Common law marriage, also known as informal marriage, is a legally recognized form of marriage that does not require a formal ceremony or licensing in the state of Texas. This alternative route allows couples to enjoy the same legal benefits and obligations as those who undergo a traditional marriage. At Benouis Law, our skilled attorney has extensive experience helping clients with common law marriage issues. We will be by your side protecting your rights and guiding you through the various processes.
Definition Of Common Law Marriage In Texas
Common law marriage is defined as a union where a couple agrees to be married, lives together in the state as a married couple, and presents themselves to others as married. This form of marriage is recognized by the state under Section 2.401 of the Texas Family Code, ensuring that couples engaged in such relationships are afforded similar protections and responsibilities as those in formally recognized marriages.
Recognition Of Common Law Marriage
Texas is one of the few states that recognizes common law marriages as legally binding, placing them on equal footing with formal marriages. This recognition extends to all legal rights pertaining to property division, inheritance and other marital benefits.
Requirements For Establishing Common Law Marriage
To establish a common law marriage in Texas, couples must satisfy three primary criteria:
- Mutual agreement to be married: Both individuals must agree and decide to live as a married couple.
- Cohabitation in Texas: The couple must live together in the state, though there is no stipulated duration for how long they must cohabit before claiming a common law marriage.
- Representation to others as a married couple: The couple must hold themselves out to others as married, which can be demonstrated through various means such as using the same last name, referring to each other in terms that connote marriage, or filing joint tax returns.
Meeting these criteria legally acknowledges your union as a common law marriage in Texas.
Benefits Of Common Law Marriage
Couples recognized under common law marriage in Texas enjoy the same legal benefits as those who have a formal marriage. These benefits include the right to inherit property directly in the absence of a will, the entitlement to spousal support, and the ability to make medical decisions for each other. These rights ensure that partners in a common law marriage are not disadvantaged compared to their formally married counterparts.
Duration Requirements
It is a common misconception that couples need to live together for a specific period to be considered married under common law in Texas. However, there is no legally mandated time requirement that defines how long a couple must cohabit before they can be recognized as having a common law marriage.
Proving Common Law Marriage
Establishing a common law marriage in Texas requires demonstrating the existence of the marriage through various types of evidence, especially if the relationship is disputed or when legal rights need to be asserted (such as in cases of inheritance or divorce).
To substantiate a common law marriage, evidence such as signed written agreements, joint financial accounts, shared property ownership, third-party affidavits, joint tax filings, and mutual beneficiaries on policies are crucial. These documents collectively demonstrate the couple’s intent and public representation as a married unit.
Dissolution Of Common Law Marriage
Ending a common law marriage in Texas follows the same legal procedures as ending a formal marriage, which means the couple must go through the divorce process.
One partner must file a divorce petition, followed by the division of assets and debts under community property laws. Spousal support and child custody arrangements are also determined based on individual circumstances and legal guidelines.
Ready To Discuss Your Common Law Marriage? Contact Us.
At Benouis Law, we understand the unique challenges of common law marriage in Texas. Whether you’re considering entering into a common law marriage or need assistance in proving or dissolving one, our team is here to provide clear, effective legal support. Call Benouis Law Ltd., LLP, at 512-764-3932 or fill out our online form to schedule an initial case consultation.