Does Texas Recognize Common Law Marriage?
Texas is one of the few remaining states that recognize common law marriages (also referred to as informal marriages or marriages without formalities). A common law marriage is when a couple is married without having a formal marriage ceremony or obtaining a marriage license. If you are in a common law marriage – see requirements below, it has the same benefits and obligations as a traditional marriage and is just as valid.
Three requirements must be met for a common law marriage to be recognized in Texas:
1. The partners agreed to be married. The parties must have intended to have a present, immediate, and permanent marital relationship. This is different from an agreement to be married in the future or an engagement.
2. After this agreement, the parties lived together as husband and wife in Texas. Living as husband and wife means maintaining the household as any married couple would. There is no minimum time period that you have to live together, and there is no requirement that you have children together. This requirement can be met if the spouses share household duties and expenses.
3. They represented to others that they were married. There are many different ways that you can represent to others that you are married, including:
- Telling others that you are married;
- Signing a legally binding document (i.e., a mortgage or personal credit application) indicating that you are married;
- Wearing wedding rings;
- Using the same last name;
- Filing joint tax returns as spouses;
- Including your spouse on your health insurance;
- Making your partner the beneficiary on your life insurance policy; and
- Opening a joint bank account.
Who Can Enter into a Common Law Marriage in Texas?
Three basic requirements must be met for you to be able to enter into a common law marriage in Bedford, Texas.
1. Both partners must be at least 18 years old. A parent cannot give permission for a minor under 18 to enter into a common law marriage.
2. The partners cannot be related to one another.
3. The partners cannot be married to anyone else.
Even though the phrase “husband and wife” is used in the statute, same-sex common law marriages are recognized in Texas.
How Do You Prove a Common Law Marriage in Bedford, Texas?
The two most common reasons you would need to prove you are in a common law marriage are if you want to end the marriage and get a legal divorce, or if your spouse dies and you want to receive death benefits. When you get a divorce, the court divides marital assets and debts between the couple. Assets includes all property acquired during the marriage (except property received by gift, inheritance, or a personal injury settlement). It does not matter who bought the property or whose name is on the note, title, or contract. If you cannot prove that you were married by common law, the court will not divide assets or debts.
If you are trying to get a divorce, it is important to know that any court case to prove the existence of a common law marriage should be brought within two years of the date that the spouses separated and stopped living together. If you wait longer than two years, the court will presume that you never intended to enter into a marriage. It will make it much harder to prove your case.
If your partner dies without a will, it is necessary to be recognized as the spouse by common law, to claim your share of an estate as the spouse. Otherwise, you could be completely disinherited. Only spouses and blood relatives are recognized under Texas’s intestate laws. With a proper will, your spouse can make arrangements for you as beneficiary of assets.
The easiest way to prove that you are in a common law marriage in Bedford is to complete a Declaration and Registration of Informal Marriage and record it with the Bedford county clerk. The form is a sworn statement that says that both partners acknowledge and agree that they are in a common law marriage. Once signed and recorded, the partners are considered married for all legal purposes. If you have done this and plan to divorce, this document will obviously be helpful.
It is possible to prove the existence of a common law marriage without a Declaration and Registration of Informal Marriage. You will need to convince the court that you met the requirements of a common law marriage.
Your Bedford Divorce Attorney
If you have questions about getting a divorce, common law marriage, division of property, or child custody, you should contact an experienced Bedford divorce lawyer, Craig S Michalk. He has over 26 years experience, an excellent Avvo rating, and A+ with BBB. Call the Law Office of Craig S. Michalk today at 817-282-9895 for a free consultation. We look forward to the opportunity to discuss and assist you with your divorce needs.
