This guide provides an overview of common law marriage. Topics covered include general requirements for a common law marriage, which states recognize common law marriage, and property rights and other rights of unmarried couples.
Common Law Requirements In Texas
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FAQ
If a common law marriage can be established ? either through the declaration of informal marriage form or by proving the three elements ? then the spouses hold all the same legal rights as a couple who have a marriage license. These rights can be important throughout the marriage and in the event of a death or divorce.
If you agree, you and your partner can sign a Declaration of Informal Marriage with the county clerk. Once signed, the declaration is valid proof of marriage and you are considered married for all legal purposes. The declaration form is available from the county clerk.
How does Texas define common law marriages? Texas' definition of a common law marriage is one where neither of the partners was married, both are ages 18 or older, they agree to be married, they live together in Texas and ?represent themselves to others as married,? per Austin-based Abraham Kant Esquire.
Texas law states that a common law marriage may be proved by evidence that the couple: ?agreed to be married?; and. ?after the agreement they lived together in this state as husband and wife?; and they. ?represented to others that they were married?
Dividing Property at the End of a Common Law Marriage That means any property or debt acquired by either spouse during the marriage is considered community property. In Texas, courts split all community property/debt in a way that is ?just and right.? This means ?equitably,? but not equally.