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There are two types of weddings in Texas: a formal marriage and a common law marriage.<\/p>\n
David Montesino<\/p>\n
dmontesino@star-telegram.com<\/p>\n
You and your partner may be living together, sharing bills and building a life as a couple. To you, you\u2019re just in a relationship. But under Texas law, you could actually be married.<\/p>\n
That\u2019s because Texas recognizes common law marriage, which doesn\u2019t require a couple to have a wedding ceremony or get a traditional marriage license.<\/p>\n
And if your relationship meets the requirements, a common law marriage can come with the same legal rights and responsibilities as a traditional marriage.<\/p>\n
So, how do you know if you qualify? Here\u2019s what to know.<\/p>\n
\ud83d\udcf0 In case you missed it: <\/p>\n
How does common-law marriage work in Texas?<\/p>\n
To prove a common-law marriage, you and your partner must do three things: agree that you\u2019re married, live together in Texas as a married couple and \u201chold out\u201d to others as married, meaning you tell or show other people that you\u2019re married, according to the Texas Family Code.<\/a><\/p>\n \u201cAll three conditions must exist simultaneously to establish a valid common law marriage,\u201d Dallas family law attorney Rebecca Rowan<\/a> wrote in an article published by the State Bar of Texas.<\/a> \u201cAdditionally, in the state of Texas, you must have the capacity to enter into the marriage. This means both parties must be at least 18, unrelated, and not currently married to someone else.\u201d<\/p>\n But how do you prove you and your partner agreed to be married? Rowan wrote that there must be evidence showing you both intended to be married at that time.<\/p>\n \u201cAn agreement to get married in the future is insufficient to establish an agreement of marriage. As such, if two people are engaged, then they cannot be common-law married.\u201d<\/p>\n There\u2019s also no minimum amount of time you have to live together. Living together for three, five or seven years doesn\u2019t automatically create a common-law marriage, according to Rowan.<\/p>\n As for \u201cholding out\u201d as married, what you say and do can both count.<\/p>\n \u201cFor example, introducing each other as spouses, wearing rings on ring fingers, or signing credit applications as a married couple could separately qualify as \u2018holding out\u2019 to others as married,\u201d Rowan wrote.<\/p>\n Filing joint tax returns, adding someone to the \u201cfamily\u201d country club membership, and even the address on Christmas card envelopes can come into play.<\/p>\n \u201cOftentimes, the evidence that supports the \u2018holding out\u2019 element also supports an agreement to be married,\u201d she wrote.<\/p>\n Couples can also formally document their common-law marriage by filing a Declaration of Informal Marriage with their county clerk, according to the Texas State Law Library<\/a>.<\/p>\n Do you need a divorce to end a common-law marriage in Texas?<\/p>\n Yes. You\u2019ll have to file for divorce just like a couple who had a traditional marriage, according to the Texas State Law Library.<\/a><\/p>\n \u201cCommon-law marriage is not a loophole to avoiding divorce,\u201d Rowan wrote. \u201cA common-law marriage must be terminated with either a standard divorce suit (or annulment) or by the death of one of the parties.\u201d<\/p>\n According to Rowan, simply separating doesn\u2019t end the marriage either.<\/p>\n \u201cHowever, even when a couple satisfies all the requirements of a common-law marriage, the parties may still not be permitted to file for divorce,\u201d Rowan wrote. \u201cThere is a rebuttable presumption that no marriage exists unless a suit is commenced to prove the marriage before the second anniversary of the parties\u2019 separation.\u201d<\/p>\n In other words, if you separate and no court proceeding to prove the marriage is started within two years, the law presumes<\/a> that you and your partner never agreed to be married.<\/p>\n That doesn\u2019t mean the marriage automatically disappears after two years. The presumption can be challenged, but you may have to prove that the common-law marriage existed.<\/p>\n Related Stories from Fort Worth Star-Telegram<\/p>\n
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