In Texas, many people know that the state recognizes common-law marriage. However, not everyone I meet fully understands the requirements needed to establish a common-law marriage or why it’s important, especially when it comes to common-law marriage divorce. Understanding these statutory requirements is crucial because they determine how the court handles assets, debts, and other legal matters during the divorce process.
A Brief Intro to Common Law Marriage
Recently, I met with a man who was bewildered to learn that he had been sued for divorce. When I asked him about his case, he dropped an original petition for divorce on the table and said, “I want to know how I am married?”
“Am I married?” Seems like a simple question, right? Sometimes however it is not. I asked him “You, never had a ceremonial marriage?” He said “No.” I then started asking him the following questions:
Q: “Have, you ever lived together?”
Answer: “Yes.”
Q: “Have, you ever introduced each other as being husband and wife?”
Answer: “yes, out of convenience.”
Q: “Have, you ever filed taxes together?”
Answer: “Well we have kids together so I filed as head of household and claimed her and the kids on my tax return.”
I told him that he and his ex might be common-law married. “Common-law marriage exists in Texas, though it’s called Informal Marriage under the Family Code,” I explained.
In this article, we will discuss some of the common questions people have regarding common law marriage in Texas.
Is Common-Law Marriage a Texas Thing?
In the above consult, the man was extremely frustrated that Texas had laws that recognize the Common-Law Marriage. However, Texas is not the only state the following states have laws regarding common law marriage:
| Alabama | Colorado | District of Columbia | Georgia (if created before 1/1/97) |
| Idaho (if created before 1/1/96) | Iowa | Kansas | Montana |
| New Hampshire (for inheritance purposes only) | Ohio (if created before 10/10/91) | Oklahoma (possibly only if created before 11/1/98. | Pennsylvania (if created before 1/1/05) |
| Rhode Island | South Carolina | Texas | Utah |
Understanding Common-Law Marriage in Texas
Common-law marriage, referred to as Informal Marriage in the Texas Family Code, deviates from the traditional image of marriage. It doesn’t require a marriage license or a formal ceremony. In Texas, a common-law marriage is legally recognized when three key criteria are met:
- Agreement to be Married: Both parties must mutually agree and commit to being married.
- Living Together in Texas: The couple must cohabit in Texas, presenting themselves as husband and wife.
- Holding Out to Others: The couple must publicly act as a married couple, acknowledging their marital status to others.
This form of marriage is distinctive because it bypasses ceremonial formalities, yet it still forms a legally binding union, indistinguishable in law from a ceremonially married couple.
Common Questions about Common-Law Marriage
In this section, we address some of the most common questions and misunderstandings surrounding common-law marriage in Texas. From comparing how different states recognize these unions to understanding their legal implications, we aim to clarify this often-confusing aspect of family law.
Misconceptions and Queries
Common-law marriage often leads to confusion and misconceptions. For example, people often wonder about the differences between simply living together and being common-law married. Many also question how such a union can be legally recognized without a formal ceremony or marriage license. Understanding these distinctions is key to navigating the complexities of common-law marriage in Texas.
Comparative State Laws
Texas isn’t alone in recognizing common-law marriage. Other states like Colorado, Iowa, and Kansas, among others, also acknowledge such unions, although the specifics may vary. For instance, some states have restrictions based on the date the relationship began or limit recognition to certain legal purposes.
Legal Significance
In Texas, common-law marriage is not a ‘lesser’ form of marriage. In fact, it entails the same legal responsibilities and rights as a ceremonial marriage. Consequently, when dissolving a common-law marriage, couples must go through the same divorce process, including the division of assets and debts, as traditionally married couples. Understanding this legal parity is crucial for couples in, or entering into, a common-law marriage in Texas.
Challenges in Proving Common-Law Marriage
Proving a common-law marriage in court can be complex and nuanced. Unlike ceremonial marriages, there’s often no marriage certificate to present as evidence. Instead, couples must rely on other forms of proof, which can include:
- Tax Filings: Joint tax returns or listing one another as dependents can indicate a marital relationship.
- Insurance Policies: Naming each other as beneficiaries in life insurance policies.
- Property Deeds: Jointly owning property or signing deeds as husband and wife.
- Joint Loans: Co-signing loans or holding joint credit accounts.
- Personal Correspondence: Letters or cards that refer to each other in marital terms.
- Public Acknowledgment: Evidence of introducing each other as spouses in social settings.
In contested cases, where one party disputes the existence of a common-law marriage, a mini-trial or evidentiary hearing is often necessary. This process involves presenting the above evidence to a judge or jury to establish the marriage’s validity.
Denying the Existence of a Common-Law Marriage
Denial of a common-law marriage typically arises during divorce proceedings or inheritance disputes. Reasons for denial include:
- Property Rights: Denying a common-law marriage can be a strategy to prevent division of property under community property laws.
- Debt Avoidance: To avoid being responsible for debts accumulated during the relationship.
The implications of denying a common-law marriage are significant. If a court rules that no marriage existed, one partner may lose rights to property, spousal support, and other benefits that a legally recognized spouse would have.
Conclusion
In Texas, common-law marriage is a legally recognized union that carries the same rights and responsibilities as a ceremonial marriage. Understanding the nuances—from establishing the existence of a common-law marriage to addressing the implications of denying such a union—is essential, particularly in divorce proceedings or property disputes. Given the complexities involved, especially in common law marriage divorce, I highly recommend seeking legal advice from a family law attorney. An experienced attorney can guide you through these unique marital and divorce situations in Texas and protect your rights throughout the process.
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Frequently Asked Questions
Yes, in Texas, if you meet the criteria for a common-law marriage, you must go through a formal divorce process to legally end the marriage.
To get a divorce from a common law marriage in Texas, you follow the same legal procedures as a formal marriage. You’ll need to file a divorce petition, attend hearings, and resolve issues such as property division and child custody.
Yes, a common law spouse in Texas may be entitled to certain legal rights, such as property division and potentially spousal support. This depends on the circumstances of the marriage and divorce proceedings.
In Texas, there is no specific time requirement to establish a common-law marriage. It depends on whether the couple meets the criteria, which include mutual agreement to marry, living together, and presenting themselves as married to others.
When common law partners break up in Texas, they may need to go through legal proceedings to address issues like property division and child custody, similar to a divorce process.
The cost of a divorce in Texas can vary widely depending on factors such as legal fees, court fees, and the complexity of the case. It’s advisable to consult with an attorney to get an estimate based on your specific situation.
Unmarried partners in Texas may have certain legal rights, but they are generally not as extensive as those of married couples. Rights may vary depending on factors like property ownership and shared responsibilities.
In Texas, community property laws apply to marriages, meaning that assets and debts acquired during the marriage are generally considered community property. The duration of the marriage isn’t the sole factor; various factors influence property division in a divorce.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
