Texas recognizes common-law marriages, but specific legal criteria must be met for a relationship to qualify as such. According to the Texas common law marriage legal guide, couples must agree to be married, live together in Texas as a married couple, and hold themselves out to others as being married. Therefore, understanding these requirements is essential for anyone considering a common-law marriage in Texas. Additionally, knowing these criteria can help couples make informed decisions about their relationships and avoid potential legal issues in the future.
The Houston divorce attorneys with the Law Office of Bryan Fagan, PLLC, have met with potential clients on many occasions where a prospective client asked them about this subject. You may be someone in a similar position to those prospective clients.
Maybe you’ve been served with divorce papers when you didn’t even think you were married in the first place. Where can you go from here? Read on to learn more about common law marriage and its status in Texas.
Walking through the legal requirements to have a valid common law marriage in Texas
Marriage seems, at first glance, to be a pretty cut-and-dry subject. Either you are, or you aren’t, married. Most folks don’t forget about a marriage ceremony and the vows associated with such an event. However, common-law marriage is a much looser concept that a couple can essentially fall into if they’re not paying attention. Consequently, it’s important for couples to understand the nuances of common-law marriage to avoid unexpected legal implications.
During a consultation, a woman asked one of our attorneys about the requirements for common law marriage in Texas. She was curious because she had just received divorce papers the day before. The papers were served by a man she considered her live-in boyfriend.
Our attorney asked the woman if she and this man had lived together. She answered that yes, they had. Our attorney next asked the prospective client whether or not she and her “husband” had ever held each out as being married to another person.
Yes, was her response. Finally, she was asked if she had agreed to marry this man. To that question, she said a resounding, “No.” What did this mean for the fate of the “marriage”?
The Texas Family Code contains the statutory requirements for being common law married in Texas. In Texas, common-law marriage is referred to as an Informal Marriage. However, the two terms are often used interchangeably. According to Section 2.401 of the Texas Family Code, a common-law marriage occurs when there is no formal marriage ceremony and no marriage license is obtained. The parties involved must also meet specific criteria.
- agreed to be married
- live together in Texas as husband and wife
- hold themselves out to others in Texas as husband and wife
Let’s break down each of these requirements one by one.
Agree to be Married
The first requirement for a common-law marriage in Texas is that both parties must agree to be married. This means that the person claiming the common-law marriage must provide evidence to the court. The evidence must show that both parties intended to enter into a marriage relationship right away.
It is not sufficient to demonstrate that they planned to marry in the future or that their intent lasted only a week. If both parties intended to establish a permanent marriage and acted on that intention, then this requirement is typically met under Texas law.
Living Together as Married Persons
Next- did the parties live together in Texas as husband and wife? The statutes don’t get into detail in this section. Still, case law (i.e., the laws that appellate judges create) has held that to meet this burden, the parties must have demonstrated that they have maintained a household and did things common to marriage relationships.
This can involve having children, purchasing real estate jointly, or filing taxes as married filing jointly. Last- there is no requirement that I could locate that states the parties must have lived in the same residence together for a minimal amount of time to qualify.
Holding Out to Others that the parties are married
Think back to elementary school. You may have been a “secret” boyfriend or girlfriend to someone on the playground at school where only you and the other person knew about it.
If we take that example and apply it to our discussion of common law marriage, we would learn that similar behavior patterns cannot establish a common-law marriage. The parties to a common-law marriage must have held themselves out to others as being married to each other. Actions or words are enough to establish this requirement.
Property and its effect on Common Law Marriage in Texas
One of the biggest reasons one party may want to prove a common-law marriage and the other party may want to disprove a common-law marriage is a division of property. If a common-law marriage is proved, a divorce is necessary, just as if the parties had been married by a judge or religious official.
This means their property is subject to the laws of community property. This means that whatever property or income came to be during the common law marriage would stand to be divided in a just and equitable (read: 50/50) fashion upon the termination of the relationship.
What this means on a practical level is that the party who owns most of the property- bank accounts, real estate, etc. would most likely want to disprove a common law marriage so that they do not lose out on the property that they have accumulated during the common law marriage. On the other hand, the party that stands to benefit from common law marriage designation would push harder to establish a common-law marriage.
Conclusion
The Texas common law marriage legal guide is a valuable resource for couples navigating the complexities of common-law marriage. It outlines the specific criteria needed to establish a common-law marriage, including mutual agreement, cohabitation, and public acknowledgment. This guide helps individuals make informed decisions about their relationships.
Understanding the legal implications and differences from traditional marriages prepares couples for potential legal matters, such as property rights and dissolution processes. As Texas recognizes diverse relationship structures, the Texas common law marriage legal guide empowers couples to protect their rights and build healthy partnerships.
Problem Solving Difficult Situations is where the Law Office of Bryan Fagan, PLLC, excels
If you are looking for a family law office that offers superior customer service and a strong work ethic, look no further than the Houston divorce lawyers with the Law Office of Bryan Fagan, PLLC. Please get in touch with us today to learn more about assisting you and your family with your legal questions.
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
