Marriage doesn’t always look the same for everyone. In Texas, you don’t need a big wedding or a formal marriage license to be legally recognized as married. This type of relationship, known as common law marriage, offers couples an alternative to traditional marriage. It’s a way to gain the same legal rights and protections without the need for a costly or elaborate ceremony.
However, common law marriage is not automatic—it requires meeting specific conditions set by the state. Understanding what common law marriage entails is essential for protecting your rights and ensuring your relationship is legally secure. So, how does it work in Texas?
What is Common Law Marriage?
A common law marriage is when two people are considered legally married without having a formal ceremony or obtaining a marriage license. In Texas, common law marriage is also called an informal marriage. Even though there isn’t a wedding or a license, the state still recognizes the relationship as a valid marriage if certain conditions are met.
What Are the Requirements for Common Law Marriage in Texas?
To have a common law marriage in Texas, you and your partner must meet these three requirements:
- Agree to be Married – Both partners must agree that they are married. This agreement can be spoken or implied by your actions.
- Live Together as a Couple – You and your partner must live together in Texas as a married couple.
- Represent to Others That You Are Married – This means you act like a married couple in public. For example, you might introduce each other as spouses, file joint taxes, or share a last name.
If these conditions are met, the state considers you married, even without a ceremony or license.
Does Common Law Marriage Require Proof?
Yes, proving a common law marriage can be important, especially in legal situations like divorce or inheritance.
Common ways to prove a common law marriage include:
- Documents showing both names, such as joint bank accounts, leases, or bills.
- Witnesses who can confirm that you presented yourselves as a married couple.
- Evidence of shared responsibilities, like raising children or owning property together.
Without proof, it may be challenging to establish a common law marriage in court.
What Rights Do Common Law Spouses Have?
In Texas, common law spouses have the same rights as couples who are formally married.
This includes:
- Property Rights – If the marriage ends, property acquired during the marriage may be divided according to Texas’s community property laws.
- Inheritance – A common law spouse can inherit from their partner if there is no will.
- Child Custody and Support – Common law spouses have the same rights and responsibilities as formally married parents.
- Divorce – Ending a common law marriage requires a legal divorce, just like a formal marriage.
How Can a Common Law Marriage End?
A common law marriage doesn’t just go away if the relationship ends. In Texas, you must go through a formal divorce process to legally end the marriage. If one partner denies the marriage existed, the other may need to prove it in court.
An experienced Austin divorce attorney may be able to help you if you are in a common law marriage and are considering a divorce.
Is Common Law Marriage Right for You?
Common law marriage works well for some couples, but it’s not the right fit for everyone. It’s important to understand the legal responsibilities and potential challenges. Couples should think about how their relationship may be affected if things change in the future.
Common law marriage offers a flexible alternative to traditional marriage in Texas, but it also comes with responsibilities and legal implications. Whether you’re in a common law marriage or considering one, understanding the laws can help you protect your rights and plan for the future.
If you need legal advice about a common law marriage in Austin, Texas, consider speaking with an attorney who can guide you through your specific situation.
Contact the Austin Divorce Lawyers at the Kazen Family Law & Divorce Lawyers To Get Legal Assistance Today
To learn more and get the help you deserve, contact our legal team at the Kazen Family Law & Divorce Lawyers and schedule your consultation today if you need help with a divorce, child custody case, property division, or any other family law matter.
We serve all through Travis County and its surrounding areas in Texas. Or visit our family law firm in Austin, TX today at:
Kazen Family Law & Divorce Lawyers
609 W 9th St Suite 101, Austin, TX 78701
(512) 236-1315