Common law marriage, also known as informal marriage, is recognized in several states across the United States, including Texas. In Texas, a couple can be legally considered married without a formal ceremony or marriage license, provided they meet specific legal requirements. This form of marriage can carry the same legal rights and responsibilities as a traditional marriage, making it essential for couples to understand how it works under Texas law

Legal Requirements for a Common Law Marriage

In Texas, there are three essential elements that must be met for a common law marriage to be valid:

1. Agreement to Be Married: Both parties must agree that they are married and intend to have a marital relationship.

2. Living Together in Texas: The couple must live together as spouses in the state of Texas. Simply living together is not enough; it must be done with the intent and understanding that the couple is living as a married couple.

3. Representation to Others: The couple must represent themselves to others as being married. This can include introducing each other as husband and wife, sharing the same last name, filing joint tax returns, or signing documents as a married couple.

All three conditions must be present simultaneously for the relationship to be considered a common law marriage under Texas law.

Establishing a Common Law Marriage

While no formal ceremony or license is needed, couples in Texas can choose to sign a “Declaration of Informal Marriage” at the county clerk’s office. This document serves as official proof of the marriage and can help avoid disputes in the future. However, even without this declaration, a common law marriage can still be legally valid if the couple meets all the required conditions.

Legal Implications of a Common Law Marriage

A common law marriage in Texas is legally binding and carries the same rights and responsibilities as a traditional marriage. This includes the right to inherit property, access to spousal benefits, and obligations related to divorce, such as property division and spousal support. If a couple in a common law marriage chooses to separate, they must go through the legal divorce process just like any other married couple.

Proving a Common Law Marriage in Court

If one party disputes the existence of a common law marriage, the other party may need to provide evidence in court. This can include joint bank accounts, shared leases or mortgages, witness testimony, and other documentation that shows the couple lived together and presented themselves as married. The burden of proof lies on the party claiming the existence of the marriage.

Time Limits and Legal Action

In Texas, there is a two-year limitation to file for divorce from a common law marriage once the couple separates. If no legal action is taken within two years, it is presumed that there was no common law marriage, unless evidence proves otherwise.

Conclusion

Common law marriage in Texas offers a legal pathway to marriage without formal procedures, but it requires a clear agreement, cohabitation, and public representation. Understanding the rules and implications is essential for couples who live together and consider themselves married. Legal advice may be necessary in complex situations, especially when rights, property, or children are involved.