Understanding Common Law Marriage in Texas
Are you wondering how common law marriage works in Texas? Maybe you are cohabitating, or you know someone who considers themselves “common law married.” The Lone Star State has unique rules for informal marriage. It’s vital to know your rights and obligations before making decisions about your relationship status.
What Is Common Law Marriage in Texas?
Common law marriage, also called informal marriage, allows two people to be legally recognized as married without a marriage license or ceremony. In Texas, this type of marriage is legally binding and grants similar rights to those of traditional marriage. Understanding what counts—as well as what doesn’t—can avoid confusion.
Requirements for Common Law Marriage in Texas
To ensure your common law marriage is valid in Texas, you must meet three essential requirements. Both parties must:
- Agree to be married to each other
- Live together in Texas as a married couple
- Present yourselves to others as being married (also called “holding out”)
You need to do all three. Simply living together is not enough. For example, introducing your partner as your spouse or using the same last name may count as “holding out.”
How Does “Holding Out” Work in Texas Informal Marriage?
“Holding out” means acting publicly in ways that signal to friends, family, neighbors, and coworkers that you are married. Texas courts evaluate several factors, including:
- Listing spouses on leases, insurance, or other legal documents
- Sharing the same last name
- Filing taxes jointly
- Introducing each other as husband or wife
- Wearing wedding rings
There is no time requirement for living together. You could form a common law marriage in a day if all three rules are met.
Proving and Registering a Common Law Marriage in Texas
You do not need to register your informal marriage. But, you may file a “Declaration of Informal Marriage” at your county clerk’s office. This official form proves your intent and can make things easier if you ever need to show you are married—for benefits, insurance, inheritance, or divorce.
If no declaration was filed, you may still prove your marriage through evidence if a dispute arises. Courts look at documents, testimonies, and the actions of both partners. Proving your common law marriage can be complex, so be as clear and consistent as possible in your daily life.
Ending a Common Law Marriage in Texas
A common law marriage must be dissolved in the same way as a ceremonial marriage—with a legal divorce. If you have children, share property, or want financial protection, a legal ending is important. If you do not start divorce proceedings within two years after separating, Texas might presume the marriage never existed.
What Rights Do Common Law Spouses Have in Texas?
If your common law marriage in Texas is valid, you and your partner gain the same legal rights as couples who are married in a ceremony. These may include:
- Inheritance rights
- Community property rights
- Spousal benefits under health or insurance policies
- Ability to make medical or legal decisions in emergencies
- The right to seek spousal support (alimony), if eligible
Children born in a common law marriage are legitimate under Texas law. You also have the same parental rights and child support obligations.
How to Avoid or Prevent a Common Law Marriage in Texas
Some couples prefer not to be married, even informally. If you do not want to be considered common law married:
- Do not refer to each other as spouses or use the same last name
- Do not file joint taxes or list your partner as a spouse on documents
- Avoid signing a “Declaration of Informal Marriage”
- Consider a written cohabitation agreement spelling out your intention not to be married
Making your intentions clear and consistent prevents misunderstandings in the future.
Texas Common Law Marriage: Frequently Asked Questions
How long do you have to live together to be common law married in Texas?
There is no specific time requirement. If you agree to be married, live together, and present yourselves as married, you can be seen as common law married in Texas—even if it’s only for a short time.
Can a same-sex couple have a common law marriage in Texas?
Yes. Since the Supreme Court’s 2015 decision legalizing same-sex marriage, Texas recognizes common law marriages for same-sex couples, as long as all the requirements are met.
What happens if we separate? Do we need a divorce for an informal marriage?
Yes, legal divorce is necessary to end a common law marriage in Texas if you want to determine property division, child custody, or support rights. Not divorcing can create future financial and legal issues.
How can I prove my common law marriage in Texas?
You can file a Declaration of Informal Marriage. Other evidence includes documents, joint accounts, shared leases, witnesses, or correspondence where you refer to one another as spouses.
What are the disadvantages of common law marriage in Texas?
Proving a common law marriage without a declaration can be tricky. Some private employers or benefits programs may not easily accept an informal marriage. Without clear evidence, disputes may arise during breakups or after a partner’s death.
Key Points About Informal Marriage in Texas
- Texas recognizes both formal and informal (common law) marriages.
- You must agree to be married, live together, and present yourselves as married.
- There is no minimum length of cohabitation.
- Filing a Declaration of Informal Marriage makes proof easier.
- Dissolving an informal marriage requires a divorce.
- Parental, property, and inheritance rights match formal marriage.
- If you want to avoid common law marriage, keep your intentions clear.
Knowing your legal relationship status is critical in Texas. Take time to talk with your partner, document your intentions, and seek legal advice when needed.
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