There are two ways to establish a common-law marriage in Texas. The first is for the couple to sign an “informal marriage declaration” with the district clerk`s office. Once signed, you and your spouse are considered married for legal reasons. While there is no time limit on how long a couple lives together, the law requires a couple to live together for two years. If the couple separated and lived apart two years ago, it would be assumed that the couple did not reach an agreement on marriage. It`s important to have at least one will to make sure your spouse gets what you want. Common-law marriage, also known as informal marriage, is recognized as a legal marriage even if the spouses have not had a ceremony or received a marriage certificate. For a couple to be married in a common-law relationship, certain legal requirements must be met. Another way to prove that the couple is considered married to the public is through the statements they have made. These statements may include, but are not limited to: When it comes to statements, the court seeks consistency.
For example, if a couple declares themselves married on forms only if it is beneficial to them – and not if it could be a disadvantage – the court would be less likely to find that the couple adequately represents to others that they are married. How much time do I have to prove that we were married common-law after we separated? If you`ve been separated for more than two years and haven`t taken steps to end the marriage (such as filing for divorce), the law assumes that you and your partner never wanted to get married. It is more difficult for you to prove that a common-law marriage existed if you wait more than two years after the separation before taking action. Yes, it is possible. All of the above applies to same-sex couples. You must have lived in Texas after agreeing to get married. You can`t enter into a common-law marriage if you and your partner didn`t live in Texas after agreeing to get married. In a common-law marriage, on the other hand, a couple who have never taken vows in a civil or religious ceremony may be recognized as the legal equivalent of an approved married couple.
There are many reasons why people may prefer a common-law marriage to a formal one. Long-term couples may fall into one of the following categories: If you are married in a common-law relationship, you will need to divorce if you have children, property and assets. A family court divides matrimonial property and rules on issues such as custody and access. If you are married in a common-law relationship and wish to divorce, please contact Varghese Summersett Family Law Group at 817-900-3220. Couples must meet all three requirements at the same time to establish a legal common-law marriage in Texas. In addition, they must also comply with other Texas marriage laws, including both parties must be at least 18 years old, not be married to anyone else, and not be related to each other. For example, if a same-sex couple legally married in Vermont on May 1, 2010, Texas would recognize that date as the couple`s legal marriage date, since the state of Vermont legalized same-sex marriage in 2009. Although Texas does not take into account the number of years the marriage must last under common law, the state has set other requirements that couples must meet to prove marriage under common law in Texas. According to Chapter 2.401 of the Texas Family Code, to establish a marriage that is legal under Texas common law, couples must prove the following three conditions: Although a written or verbalized agreement in front of witnesses is preferable, the state recognizes tacit or derivative agreements. In other words, the court will look at things like using your partner`s last name, using a beneficiary of a life insurance policy, filing joint tax returns, or joint purchases. However, it is important to point out that any tacit agreement is scrutinized more strictly due to the increase in the number of couples living together without being married. In addition, it is often more difficult to prove that these agreements were mutual, especially when a party tries to refute them.
Most people in Texas know a couple who says something like, “We`ve lived together for so long, we`re considered common-law partners.” It does not depend on any particular fact. The court can infer an agreement to be married and stay with other people by proving that you lived together, that you told others that you were married, that you used your partner`s last name, that you filed joint tax returns as a spouse or a married person, you signed leases or other documents as spouses, made joint purchases, enrolled your partner in your health insurance, made your partner a beneficiary of a life insurance policy, submitted joint applications or loan agreements, applied for public benefits, and registered your partner as a “spouse” and had children together. The one-off idea of your partner as a lone spouse may not be enough, but it can be when combined with other evidence suggesting that you acted like a married couple and others thought you were married. No, fewer than 20 states have recognized marriage at common law. Texas happens to be one of them, but as you can see, it takes more than just proclaiming to be married to the common law. Certain legal requirements must be met. A couple who have lived together for 20 years and have children together does not automatically qualify to be married in a common-law relationship in Texas. This is especially true if there is evidence that the couple never intended to marry or never represented to others what they were.
If there is no agreement to marry, there is no de facto marriage. If the couple has not presented themselves to the public as married, there is no de facto marriage. If you are considering divorce after a common-law marriage, the legally recognized date of marriage is essential because Texas is a communal property state. But what exactly does that mean – and are they really considered married in the eyes of the law? In Texas, common-law marriage is treated as a real marriage. Another accidental misconception about marriage laws in Texas is that there is a restriction on how often you can get married in Texas. Texas does not limit the number of marriages. A declaration of marriage can be used to validate or prove that a marriage exists at common law. The declaration also allows the parties to determine the date on which the couple consents to the marriage.
