“Love recognizes no barriers. It jumps hurdles, leaps fences, penetrates walls to arrive at its destination full of hope.” – Maya Angelou.
In the world we live in today, many partners today decide to co-habit without tying the knot. Some worry that they might accidentally become married under common law. In Texas, common law marriage exists, but that is nothing to worry about, you have to clearly show that you both want to be married for it to count.
On the other hand, some couples who have been together for a long time and believe they’re married under common law might worry that their marriage could be challenged, especially by heirs. When planning for the future, it’s important to make sure your marriage is valid to ensure your wishes for inheritance are respected.
What is a Common Law Spouse?
In Texas, a common-law spouse is legally married to another person through a common-law marriage.
It is a marriage without formalities or informal marriage and is a valid and legal way for a couple to marry without having a ceremony or obtaining a marriage license in Texas.
Texas recognizes common law marriages for both opposite-sex and same-sex couples.
Texas Law
- Texas law states that a common law marriage may be proved by evidence that the couple:
- “agreed to be married”; and
- “after the agreement they lived together in this state as husband and wife”; and they
- “represented to others that they were married”
Requirements for Common Law Marriage in Texas
- To be considered a common law spouse in Texas, a person must meet the following requirements:
- Be at least 18 years old
- Not be related to the other person
- Not be married to anyone else
- Agree to be married
- Live together in Texas as a married couple
- Represent to others that they are married
Legal Basics of Common Law Marriage in Texas
The main law on common law marriage in Texas is found in the Texas Family Code, Section 2.401. To prove a common law marriage, the following conditions must be met:
- Declaration Signed– The couple has signed a formal declaration of marriage.
- Mutual Agreement and Representation– The couple agreed to be married, lived together in Texas as husband and wife, and presented themselves to others as married.
Prove Of A Common Law Marriage
Proving a common law marriage can be important in two situations: when a relationship ends (divorce) and when determining inheritance rights.
- Divorce – Under Texas law, any property acquired during a marriage (formal or common law) is considered community property. If a common law marriage is proven, the community property is divided just like it would be in a formal marriage, regardless of who made the purchase or whose name is on the title. Debts accumulated during the marriage are also shared. If no common law marriage is proven, there’s no marital property or debts to divide. The individuals will keep their personal property and be responsible for their own debts, just as single people would. Proving a common law marriage can affect whether former partners can split property and debts when they separate.
- Inheritance – If a couple is married, whether formally or through common law, a spouse has the right to inherit if the other spouse dies without a will (intestate). If someone can prove they were married at common law, they may be entitled to a share of the deceased spouse’s estate.
Rights of Common Law Spouses
Common law spouses in Texas enjoy rights and obligations similar to those in a formal marriage. This includes property rights, spousal support, and the ability to make medical decisions on behalf of each other. These rights affirm the legal validation of common-law marriages in Texas. Common law spouses in Texas are entitled to several rights and protections similar to those in formal marriages, including:
Rights of common law spouses include;
- Property Rights: Common law spouses have rights to property acquired during the marriage.
- Inheritance Rights: Spouses are entitled to inherit from each other under state law.
- Decision-Making Rights: They may make their partner’s medical and other significant decisions.
In Conclusion
Common law marriage in Texas represents a unique blend of personal commitment and legal recognition. Though it lacks the formalities of traditional ceremonies and paperwork, it carries the same legal weight, granting couples the same rights and responsibilities as formal marriages. Those in or considering a common law marriage must understand the legal requirements, their rights, and the need for formal legal processes in case of separation. As societal norms evolve, so does the landscape of marriage, making the understanding of common-law unions increasingly important for many Texans. This guide provides a foundation for navigating these relationships, highlighting the importance of legal advice and proper evidence to protect the rights and interests of common-law spouses.