What Defines Common Law Marriage In Texas
Common Law Marriage, also known as an Informal Marriage, is a legitimate way to get married in Texas. While there are many different misconceptions of it, a rather simple formula exists for Common Law married in Texas. The most common misconception I hear is: “People who have lived together for a minimum of six (6) months, or some other length of time, are common law.” This is not the case. While living together does satisfy one of the conditions, it is NOT because of the length of time living together.
Is my Common Law Marriage valid everywhere?
Only about a dozen states allow Common Law Marriage, and Texas is one of them. However, if you have a common law marriage established in one of the dozen states that does recognize it, your marriage can and will be legally recognized across the country. This applies even in states that do not allow common law marriage.
What if I want to divorce my common law spouse?
If you are common law married, the process for dissolving the marriage is the same as if you were married by the court. If a common law married couple wishes to separate, they must legally dissolve the marriage and separate their children and property through a court system.
Each spouse is responsible for half of the debt incurred while married. If you live together with your significant other, and share property, wages, etc., but you DO NOT want to be considered married, you must put it in writing.
Conditions of Common Law Marriage
As per the Texas Family Code Chapter 2.401, the following three conditions must be met for a Common Law Marriage to be valid:
- The couple has a mutual understanding that they are husband and wife.
- They live together.
- They publicly acknowledge and state to others that they are husband and wife.
There is one more way to ensure the State of Texas recognizes a Common Law Marriage. As per the Texas Family Code 2.402, a formal “Declaration and Registration of an Informal Marriage” can be accomplished by filling out a form provided by the County Clerk’s office. This form states that you are fulfilling the aforementioned conditions, as well as providing basic identifying information like names, dates of birth, etc. Both parties sign and certify that their statements are true. It will then be filed at the County Clerk’s office and entered into public record with the Bureau of Vital Statistics.