Texas is one of the few states in the nation that still recognizes common law marriage. Rather than procuring a marriage license and participating in a marriage ceremony, a couple may choose to be wed informally. The Stout Law Firm, PLLC, is a highly respected family law firm that can review the circumstances in your relationship and help ensure that you receive all the benefits that come with your formal or informal marriage.
What Is Common Law Marriage in Texas?
A Texas common law marriage is also called an informal marriage. An informal marriage is a marriage that the state recognizes, even though the couple has not completed the following formalities required in a formal marriage:
- A marriage ceremony performed by an authorized officiant, and
- An unexpired marriage license.
A couple in an informal marriage may have access to and be subject to the same rights and liabilities as couples who are formally married.
The rights and responsibilities of married couples include:
- The obligation for each spouse to support the other,
- The right of each spouse to manage and control community property, and
- The obligation of each spouse to cover with community property the liabilities of a spouse that were incurred during the marriage.
With common law and formal marriages come many benefits and some added responsibilities that couples should consider before entering or claiming a union. If you have questions about your rights in your relationship, you can talk to one of our knowledgeable attorneys from The Stout Law Firm.
What Is Required for Common Law Marriage in Texas?
There are a few requirements you have to fulfill to be a common law spouse under Texas law. An informal marriage requires that the following apply to a man and woman:
- The man and woman must have an agreement with one another to be married,
- The man and woman must live together as husband and wife, and
- The man and woman must hold themselves out to third parties as a married couple.
Provided a person can prove the existence of these three elements and that both spouses were at least 18 at the beginning of the union, Texas law recognizes that a valid marriage exists. And after the U.S. Supreme Court’s ruling in Obergefell v. Hodges, these common law marriage elements and rights apply to same-sex couples as well. Once a valid marriage has been formed, whether formally or informally, the only way to end the marriage is through divorce or death.
How Many Years of Cohabitation Are Required in a Common Law Marriage?
Contrary to what many believe, there is no “magic number” of years a couple must live together to claim they have a common-law marriage. If a couple can prove that they fulfill the requirements that we listed above, they are likely common law married, regardless of the length of their relationship.
Proving You Have a Common Law Marriage in Texas
Although entering into an informal marriage is easy, proving the existence of the marriage itself is a bit more troublesome. When couples decide to end a relationship, the split is rarely amicable. Given the financial implications at play in a marriage versus dating relationship, parties to a common law marriage will often quarrel over the existence of the marriage in the first place.
When a disagreement regarding the existence of a common law marriage occurs, a review of the following is warranted:
- The parties’ tax returns,
- The parties’ health insurance policies,
- The parties’ life insurance policies,
- Lease agreements,
- Property titles,
- Witness testimony, and
- Other documents that may help identify the marital status of the parties involved.
It is also worth noting that couples who are wed informally may also choose to file a declaration of informal marriage at a later date.
What Is a Declaration of Informal Marriage?
A declaration of informal marriage is a way for a couple to register a Texas common law marriage. The document must include:
- Each spouse’s full name (including each spouse’s maiden name),
- Each spouse’s birth date,
- Each spouse’s birthplace,
- Each spouse’s address,
- Each spouse’s social security number,
- Proof of each spouse’s identity and age,
- Declarations that the spouses are not closely related, and
- A sworn statement that the spouses have met the requirements to declare a common law marriage.
This document must be signed by both spouses, notarized, and filed with the county clerk in the county in which the parties reside.
Provided the clerk confirms the declaration includes all necessary information, the clerk will then sign off on the declaration itself, thereby creating prima facie evidence that the parties are indeed married.
Whether you seek to uphold the existence of your common law marriage or deny the common law marriage claims of a significant other, we are here for you. Our knowledgeable family law attorneys can protect your interests and champion your rights.
Talk to Us Today
Navigating your family law case effectively and efficiently is easier when you consult a skilled family law attorney. The attorneys at The Stout Law Firm, PLLC have the requisite knowledge and experience to help guide you through your family law case. Our firm boasts multiple award-winning, board certified attorneys, and our legal team has practiced family law for several decades combined. We are top-rated by our clients, and we provide compassionate, comprehensive, and effective legal representation in Texas.. We have the answers to your family law questions. Please give us a call or contact us online to schedule a consultation.
Angela Stout
Angela A. Stout has practiced law since 2007, with an emphasis in representing clients in family law matters, and became Board Certified in Family Law by the Texas Board of Legal Specialization in December of 2015. To become Board Certified in Family Law, you must have extensive experience in family law, pass a comprehensive exam, and complete ongoing continuing legal education in that specialized area. Additionally, Ms. Stout is certified as a mediator by the A.A. White Dispute Resolution Center.
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