Common Law Marriage in Texas

Am I common law married?

Common law marriage, also known as informal marriage, is recognized in the state of Texas. Under Texas law, a couple can establish a common law marriage by meeting certain requirements, which include:

  1. Both parties must have the capacity to enter into a marriage.
  2. Both parties must agree to be married.
  3. Both parties must hold themselves out to others as being married.
  4. The couple must have lived together in Texas as spouses.

It's important to note that there is no set time period for cohabitation to establish common law marriage in Texas. It is possible for a couple to establish a common law marriage after just a few weeks or months of living together, as long as the other requirements are met.

In addition, Texas is one of the few states that allows for a common law marriage to be proven through evidence other than a formal marriage certificate. Evidence that may be used to establish a common law marriage can include testimony from witnesses, joint bank accounts, shared property, and other documentation that demonstrates the couple's intention to be married.

If a common law marriage is established in Texas, the couple has the same legal rights and responsibilities as a formally married couple, including property rights, spousal support, and the ability to file joint tax returns. However, if a common law marriage is not established, the couple does not have the same legal protections and may face difficulties in the event of separation or the death of one partner. It is important to note that if you wish to divorce your common law spouse, you must file for divorce within two years of separating.

Categories: Family Law