Common law marriage, also known as informal marriage, has existed in Texas since the 1800s. It is a union between two individuals who have lived together for a certain period and present themselves as married without a formal ceremony or marriage license. Many people believe that common law marriage is simply a myth or a romantic notion, but it is legally binding in Texas under specific circumstances. In this article, we will explore what makes a common law marriage valid in Texas, how to prove its existence, and what legal implications it carries.
What Makes a Common Law Marriage Valid in Texas?
To establish a common law marriage in Texas, three elements must exist:
Agreement: Both parties must agree to be married and hold themselves out as husband and wife. This means presenting themselves to others as spouses, such as introducing each other as “my wife” or “my husband,” referring to each other as spouses on insurance or tax forms, or sharing bank accounts or bills with both names.
Cohabitation: The couple must live together as husband and wife in Texas. Merely dating or living together for a short period does not constitute common law marriage.
Reputation: The couple must have a reputation in their community as being married.
It’s important to note that there is no set time requirement for the length of cohabitation or reputation to establish a common law marriage in Texas. However, courts will look at the entirety of the relationship to determine whether all three elements were present.
How to Prove the Existence of a Common Law Marriage in Texas?
Proving the existence of a common law marriage in Texas can be challenging because it is based on subjective factors. However, there are several ways to establish its presence:
Witnesses: Testimony from family members, friends, or colleagues who observed the couple presenting themselves as married and living together can help prove the existence of a common law marriage.
Documentation: Documents that show both parties sharing a last name or address, such as joint tax returns, insurance policies, or lease agreements, can help prove the existence of a common law marriage.
Affidavit: An affidavit is a written statement made under oath by one or both parties confirming their agreement to be married and reputation in the community as spouses.
Legal Implications of Common Law Marriage in Texas
Common law marriage in Texas has the same legal implications as a traditional marriage. Once established, a common law marriage is legally binding and subject to the same laws regarding property division, spousal support, and custody rights. Here are some other legal implications to consider:
Property Division: In the event of divorce or separation, common law spouses have the same right to property division as traditionally married couples. This means that all assets acquired during the marriage are considered community property and subject to division.
Spousal Support: A common law spouse may be entitled to spousal support if they meet certain requirements. The amount and duration of spousal support are determined by the court based on various factors, such as the length of the marriage, income, and earning potential.
Inheritance: Common law spouses have the same inheritance rights as traditionally married spouses. If the deceased did not leave a will, the surviving common law spouse will inherit the estate according to Texas intestacy laws.
Conclusion
Common law marriage in Texas is a legally binding union that can be established without a formal ceremony or marriage license. To prove its existence, both parties must agree to be married, live together as spouses, and have a reputation in the community as married. Once established, common law marriage carries the same legal implications as traditional marriage, including property division, spousal support, and inheritance rights. If you believe you are in a common law marriage or have questions about your legal rights, it is best to seek the advice of an experienced family law attorney.