What Is Required for Common Law Marriage in Texas

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Common law marriage is a way for couples to establish themselves as married, without going through the formal process of obtaining a marriage license and having a ceremony. Common law marriage is recognized in some states, including Texas. In this article, we will explore what is required for common law marriage in Texas.

Establishing the Intent to be Married

The first requirement for common law marriage in Texas is establishing the intent to be married. This means that both parties must have agreed to be married and must have held themselves out to others as being married. To establish the intent to be married, the following must be demonstrated:

1. Agreement to be married: Both parties must have agreed to be married. This can be shown through evidence such as emails, text messages, letters, or other forms of communication where the parties discuss their intention to be married.
2. Holding oneself out as married: Both parties must have held themselves out to others as being married. This can be shown by introducing each other as spouses, using the same last name, filing joint tax returns, or having joint bank accounts.
3. Cohabitation: Both parties must have lived together as husband and wife. This means sharing a home, sleeping in the same bed, and sharing household expenses.

Capacity to Marry

The second requirement for common law marriage in Texas is the capacity to marry. This means that both parties must be legally eligible to marry. The following must be demonstrated:

1. Age: Both parties must be at least 18 years old. If one party is under 18, they must have parental consent.
2. Mental capacity: Both parties must understand the nature of the marriage contract and have the mental capacity to enter into it.
3. Not already married: Both parties must be unmarried at the time they enter into the common law marriage.

Presenting Evidence of Common Law Marriage

If the intent to be married and capacity to marry have been established, then the parties must provide evidence of their common law marriage. The following can be used as evidence:

1. Affidavit of informal marriage: This is a notarized statement by both parties that they agree that they are married.
2. Witness testimony: Witnesses who observed the couple living together as husband and wife can testify to their relationship.
3. Documentary evidence: This can include joint bank statements, insurance policies, or lease agreements in both parties’ names.

Legal Rights and Obligations

Once a common law marriage has been established, the parties have the same legal rights and obligations as couples who obtained a formal marriage license. These include:

1. Property rights: Under Texas law, property acquired during the marriage is considered community property and is divided equally in the event of a divorce.
2. Spousal support: A spouse may be entitled to spousal support if they meet certain criteria, such as being unable to support themselves financially.
3. Inheritance rights: A surviving spouse has inheritance rights under Texas law.

Conclusion:

Common law marriage is a recognized form of marriage in Texas. To establish a common law marriage, the intent to be married and capacity to marry must be demonstrated, and evidence of the marriage must be presented. Once a common law marriage is established, the parties have the same legal rights and obligations as couples who obtained a formal marriage license.

In conclusion, establishing a common law marriage in Texas requires demonstrating the intent to be married, having the capacity to marry, and presenting evidence of the marriage. Once established, common law marriages in Texas have the same legal rights and obligations as formal marriages. Couples interested in exploring this option should consult with an experienced family law attorney to ensure that they meet the necessary legal requirements.