Common law marriage, also known as informal marriage or marriage without formalities, allows couples to be considered married without going through a formal ceremony or obtaining a marriage license.
This article will provide you with specific information on common law marriage laws in Texas, including the state’s recognition of common law marriage, requirements for establishing a common law marriage, relevant statutes and case law, local resources, and frequently asked questions.
Yes, Texas recognizes common law marriage. In Texas, a common law marriage is legally referred to as an “informal marriage.” The state acknowledges that a couple can enter into a legal marriage without going through a formal ceremony or obtaining a marriage license, provided they meet certain requirements.
To establish a common law marriage in Texas, a couple must meet the following criteria:
1. Both parties must be at least 18 years old.
2. Both parties must agree to be married.
3. The couple must live together in Texas as spouses.
4. The couple must represent themselves to others as married.
Living together for a specified period is not a requirement for common law marriage in Texas. However, the couple must publicly represent themselves as married, such as by using the same last name, filing joint tax returns, or introducing each other as spouses.
The main law governing common law marriage in Texas is found in the Texas Family Code, Section 2.401. It states that a common law marriage can be proven if:
» Declaration Signed: A formal declaration of their marriage has been signed.
» Mutual Agreement and Representation: The couple agreed to be married, lived together in Texas as husband and wife, and represented themselves to others as married.
Two key court cases have clarified these requirements:
»Russell v. Russell (1989): The Texas Supreme Court ruled that couples must have a present, not future, intent to be married.
»Winfield v. Renfro (1991): The Texas Court of Appeals determined that living together alone isn’t enough; couples must also represent themselves as married to others.
Understanding these points ensures you grasp the essentials of establishing a common law marriage in Texas.
How can a common law marriage end in Texas?
A common law marriage in Texas can end through divorce, annulment, or the death of one of the spouses. The process for dissolving a common law marriage is the same as for a formal marriage, requiring court involvement and a legal proceeding.
Can a common law marriage be established retroactively in Texas?
Yes, a common law marriage can be established retroactively in Texas. If a couple meets the requirements for common law marriage and later formalizes their relationship through a legal proceeding or official declaration, the marriage can be recognized as having existed from the date the couple began meeting the common law marriage criteria.
Does Texas recognize common law marriages from other states?
Texas generally recognizes common law marriages validly entered into in other states. However, if a couple moves to Texas and their relationship does not meet the Texas requirements for common law marriage, their marriage may not be recognized under Texas law.
Common law marriage is a legally recognized form of marriage in Texas, allowing couples to be considered married without a formal ceremony or marriage license. To establish a common law marriage, a couple must meet specific requirements, such as agreeing to be married, living together as spouses, and representing themselves to others as married.
If you have specific questions or need assistance with a common law marriage in Texas, seek legal advice from a qualified family law attorney.
Modern Family Law’s team of experienced Texas family lawyers takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Let us make a positive difference in your life.
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