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Home Knowledge Common Law Marriage in Texas: Understanding the Certificate Process

Common Law Marriage in Texas: Understanding the Certificate Process

by Joy

Common law marriage, also known as informal marriage, is recognized as a legally valid marriage in Texas, even though the spouses didn’t have a ceremony or obtain a marriage license. In Texas, a couple can establish a common law marriage by signing a “declaration of informal marriage” with the county clerk’s office or by proving three elements outlined in Section 2.401 of the Texas Family Code. In this article, we will explore the certificate process for common law marriage in Texas.

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What is Common Law Marriage?

Common law marriage is a legally recognized marriage between two individuals who have fulfilled the requirements of being a married couple without going through a formal ceremony or obtaining a marriage license. In Texas, a couple can establish a common law marriage by signing a “declaration of informal marriage” with the county clerk’s office or by proving three elements outlined in Section 2.401 of the Texas Family Code.

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Requirements for Common Law Marriage in Texas

To establish a common law marriage in Texas, a couple must meet the following requirements:

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Agree to be married: The couple must agree to be married and hold themselves out to the public as being married.

Live together in Texas as husband and wife: The couple must live together in Texas as husband and wife.

Represent themselves to others as being married: The couple must represent themselves to others as being married.

It is important to note that Texas law does not require the couple to be together for a specific period of time before they can declare themselves to be in a common law marriage. As long as both parties agree to the three elements listed in Section 2.401, they meet the requirements of a common law marriage.

Declaration of Informal Marriage

In Texas, a couple can establish a common law marriage by signing a “declaration of informal marriage” with the county clerk’s office. The declaration must be signed by both parties and must include the following information:

1. The full name, date of birth, and address of each party

2. The date on which the parties agreed to be married

3. The date on which the parties began living together in Texas as husband and wife

4. A statement that the parties are currently living together as husband and wife

5. A statement that the parties are not related to each other by blood or adoption

6. A statement that the parties are not currently married to anyone else

Once the declaration is signed and filed with the county clerk’s office, the couple is considered married for legal purposes.

Proving a Common Law Marriage

In Texas, a couple can also establish a common law marriage by proving the three elements outlined in Section 2.401 of the Texas Family Code. The parties must:

1. Agree to be married

2. Live together in Texas as husband and wife

3. Represent themselves to others as being married

To prove a common law marriage, the couple may need to provide evidence such as:

1. Joint bank accounts

2. Joint credit cards

3. Joint property ownership

4. Joint utility bills

5. Joint tax returns

Testimony from witnesses who can attest to the couple’s relationship

It is important to note that the burden of proof is on the party claiming the existence of a common law marriage.

Registering a Common Law Marriage

While it is not a requirement, couples can register their common law marriage by filing a declaration with the county clerk’s office. The declaration must include the same information as the declaration of informal marriage.

Ending a Common Law Marriage

Ending a common law marriage in Texas is similar to ending a formal marriage. If a common law couple decides to split up, they must file for divorce. The same rules for property division, child custody, and support apply to common law marriages as they do to formal marriages.

Conclusion

In conclusion, common law marriage is a legally recognized marriage in Texas, even though the spouses didn’t have a ceremony or obtain a marriage license. A couple can establish a common law marriage by signing a “declaration of informal marriage” with the county clerk’s office or by proving three elements outlined in Section 2.401 of the Texas Family Code. It is important to note that Texas law does not require the couple to be together for a specific period of time before they can declare themselves to be in a common law marriage. If you are in a common law marriage or are considering entering into one, it is important to understand the certificate process and your legal rights and obligations.

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