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Common law marriage, often referred to as a defacto marriage, is legally recognized in Texas, making it one of the few states that acknowledges informal unions of this kind. Despite its legal status, misconceptions and confusion about de facto marriages abound, prompting a deeper exploration of the topic. This is especially important because, among the various subjects in Texas family law, de facto marriage often generates the most hearsay and myths. To clarify these misunderstandings and help you and your family understand the implications of this issue, let’s examine the concept of de facto marriage in detail, considering both its current relevance and its future impact.
What are some myths surrounding common law marriage?
As opposed to the myths and misnomers surrounding common-law marriage, there are clear-cut requirements in place under the law in Texas that will determine whether or not you are actually in a common-law marriage. What many people fear is simply wandering into a common-law marriage when you believe that you are in a dating or informal relationship. You will see people talk about not even realizing that they were in a common-law marriage when, in fact, that is exactly where they were in their relationship. Many times it will be an unsuspecting man who will stand before you shocked to learn that he was in a common law marriage. From that, we are to assume that the laws in Texas surrounding common-law marriage are tricky or unclear.
This could not be any further from the truth. There are specific ways for two people to be in a common-law marriage. As we are about to get into this, you will see that these specific requirements do not dance around the common law marriage issue, either. You and your spouse must fully embrace the concept of marriage to establish a common-law marriage. There is no ambiguous middle ground; you either acknowledge your common law marriage or you do not. It is not enough to simply live with your partner for an extended period and then a common law marriage automatically happens.
Common law marriage in Texas: Key requirements and legal guidance
In Texas, three requirements establish a common law marriage: you must live together with your spouse, agree that you are married, and hold yourselves out to the community as a married couple. Both partners must actively participate in this process and acknowledge that their relationship is a marriage, not merely a dating relationship. Even though the participants in a common law marriage must both fully buy into the nature of the relationship that still leaves the ground for the two people to have some degree of disagreement over the nature of the relationship and whether there is a common law marriage.
If this is a situation that sounds familiar to you then hang tight with us. The attorneys at the Law Office of Bryan Fagan will guide you through this process, ensuring you understand what it means to be in a common-law marriage. They will help you navigate the misconceptions you may encounter online or from individuals who lack a solid understanding of common-law marriage. Our attorneys and staff take pride in being able to serve our community and we would invite you to meet with us for a free-of-charge consultation that one of our used-area office locations. These consultations offer an excellent opportunity to learn more about Texas family law and to begin understanding what it means to be involved in a family law case.
How is a common law marriage defined in Texas?
A common law marriage allows couples to legally marry in Texas without a formal ceremony or exchanging vows. Often referred to as an informal marriage, it has specific requirements that must be met for legal recognition. Until you fulfill these requirements, your relationship does not qualify as a common law marriage. Depending upon your perspective that may either be a good or a bad thing.
Despite what you may have heard from other people, proving that you are in a common-law marriage does not depend upon how long you and your partner have been living together. Additionally, the number of children you have, if any, with your partner is not the number one factor add play when it comes to this subject, either. Keep in mind that a common law marriage is treated the same as a ceremonial marriage. Once you establish a common law marriage with your spouse, the law recognizes you as married just like anyone who had a formal ceremony.
Proving common law marriage: Key conditions to consider
Proving a common-law marriage can be challenging, depending on your specific circumstances. To establish a common law marriage, you must demonstrate that specific conditions have been met. First, both you and your partner need to prove that neither of you was married to anyone else when your marriage began, whether formally or informally. Bigamy is illegal in Texas; if you attempt to enter into an informal marriage while already married, the second marriage will be void and treated as if it never existed.
Next, you and your partner both need to be at least 18 years old when your marriage begins. The next requirement is that you and your partner must have reached an agreement to be married. Often, this is the most challenging requirement to prove, especially if you are the spouse needing to establish a common-law marriage in the future. An agreement to marry may resemble a marriage contract, in which both partners acknowledge their intention to enter into a common-law marriage. However, it’s unlikely you have a written agreement. Instead, this agreement typically takes the form of a conversation where you and your partner discuss your commitment and mutually agree to be married. However, since this is an oral agreement, it may be difficult to prove in the future.
Living as a married couple: Essential requirements for common law marriage
The next requirement for a common law marriage in Texas is that you and your spouse must live together as a married couple after agreeing to be married. This includes residing together, sharing household duties, combining your incomes, and managing household finances in ways that reflect a marital relationship. There are some things that you and your spouse can do as far as your living arrangements and habits that are unmistakably the qualities of a married couple. If a casual observer would see you and your spouse as married, you are likely off to a good start in proving an informal marriage.
Finally, you and your spouse must have presented yourselves to others as married. Or different people this could look like different things. It could be that you and your spouse had a recently married party or other event we’re in which you made others aware of your marriage having begun. It could look more like you introducing your spouse as your husband or wife rather than just as a significant other. You can prove that you presented yourselves as married in various ways. The key is making sure that consistently the community at large is aware of your marriage. You do not need to specify that yours is a common-law marriage or anything of that sort. You simply need to make it clear that you are married and not just in a dating relationship.
When would you need to be able to prove that you were in an informal marriage?
Another way of asking this question is: why would it be important for you to be able to prove that you were in a common law marriage in the first place? After all, all we’ve done so far today is discuss what it takes to be in a common-law marriage, and we’ve not yet gotten into what a common-law marriage means for you and your spouse. Being able to prove this or in a common law marriage can be important mostly for purposes of when the marriage is coming to an end. What I mean by this is that proving that you were in a common-law marriage means that you can also prove that a divorce is necessary to end the relationship.
Inheritance Rights and Common Law Marriage
Another factor to consider in this discussion is that if you and your spouse are married then there is the matter of inheritance rights to consider as well. In Texas, if a person dies without a will then a probate court would look to distribute property according to the laws of intestacy. Dying intestate means that you die without a will. Is almost certainly going to be immediate family members who end up inheriting most if not all your property when you die without a will. If you die married, then your spouse will inherit community property from you. Your children would inherit a portion of your separate property. If you die without a spouse or children, then the law would look to extended family to pass down property that you own.
Proving Common Law Marriage Validity
It is in this light that a common law marriage becomes incredibly important to prove. When you are ceremonially married, there is little doubt about your marital status at the time of your death. Married individuals have a clear start date for their marriage, as well as a definitive end date through divorce. All these events are documented in your jurisdiction for record-keeping. However, in a common law marriage, the court typically does not track the beginning of your marriage unless you and your common-law spouse sign a declaration of informal marriage and file it with your county clerk.
If your spouse passes away without this documentation, you may find yourself needing to prove that you were in a marriage rather than just a dating relationship. Depending upon the circumstances of your case this may be more difficult than you would like it to be. Trying to prove all three of the marriage requirements for an informal marriage can end up being quite difficult. Couple these challenges with the idea that your spouse may have children from a prior relationship who have a vested interest in not allowing you to prove the existence of that common-law marriage.
How do you prove a common-law marriage?
Proving the existence of a common-law marriage can be challenging. While it is possible, hiring an experienced family law attorney can significantly ease the process. You may believe you have sufficient evidence to prove your common-law marriage, but opposing parties may present contradictory evidence.
In the case of a divorce, your spouse might argue that you were never married. If your spouse has passed away, their children may contest your claim to common-law marriage, asserting that you should not inherit their parent’s property.
Agreeing to be married and presenting yourselves as married to others are two of the three requirements to establish a valid common-law marriage in Texas. Keep in mind that you can prove each of these items but do not have to do so based on one fact or set of circumstances. For instance, a family law court can infer that your agreement to be married and your presentation as a married couple means you live together or have told others about your marriage. Another common way that common law married individuals show an agreement to be married is by using their partner’s last name or filing a joint tax return. Leases, mortgage documents, and similar paperwork can effectively demonstrate that both you and your spouse consider yourselves to be married.
What does it mean to hold out to others that you are married?
Holding out to others that you were married could mean that the two of you were introduced to each other as your spouse at dinner parties or things like that. As in most family law cases, this is almost certainly going to be a situation where it is a fact-by-fact and situation-by-situation basis on which a court will decide about your particular common law marriage. What worked for the family down the street may not work for you. As a result, you should consider what facts and circumstances are relevant to your case and how they may end up looking in a circumstance where you need to either prove or disprove the existence of a common law marriage. Hindsight is, of course, 20/20 and what you see now may not have been within your scope of vision at the time the events occurred.
In any event, having an experienced family law attorney to walk with you during your case can be the difference between a favorable and unfavorable outcome. When so much of your case depends upon how past events are viewed through present circumstances having a storyteller, investigator, and experienced attorney all rolled into one can be incredibly important. For that reason, we recommend contacting the Law Office of Bryan Fagan to speak with one of our experienced family law attorneys today. We can be the difference for you in your case just as we have been able to do on behalf of so many current and former clients.
Conclusion
Understanding common law marriage, or defacto marriage, in Texas is vital for individuals and families navigating the complexities of family law. By dispelling myths and clarifying the legal framework surrounding these informal unions, we empower couples to make informed decisions about their relationships. Whether you’re considering entering into a common law marriage or seeking to understand its implications for property rights, inheritance, or custody, knowledge of this topic is essential. As Texas evolves in its legal recognition of relationships, staying informed helps you and your loved ones navigate the legal landscape and protect your interests confidently.
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