Interracial couple entering a common law marriage.

What Are the Requirements for a Common Law Marriage?

Texas is one of the few states that recognizes common law marriage. If you and your partner meet certain legal requirements in Texas, you will be considered married by common law. Common law marriage has many benefits, the primary one being legal recognition of your relationship by the state of Texas. In addition, common law marriage offers couples the same rights as those enjoyed by other married couples, including inheritance rights, property division rights, and alimony. However, before making decisions based on the belief that you and your partner are married by common law, it’s important to make sure that you meet all of the state’s legal requirements. Below are the requirements for common law marriage in Texas. If you have any additional questions, please contact a Texas family law attorney

What is Common Law Marriage? 

A common law marriage is a legally recognized marriage that is established when a couple meets certain requirements. When a couple wants to end a common law marriage, the parties must obtain a divorce just like a couple in a traditional marriage. Common law marriage, like traditional marriage, has pros and cons. For example, although many people find common law marriage convenient, some states won’t recognize the validity of a Texas common law marriage, and people in common law marriages sometimes face legal challenges when attempting to claim an inheritance following the death of a spouse. That being said, the pros of marriage, whether traditional or common law, generally outweigh the cons. 

The Requirements for a Common Law Marriage in Texas 

Simply living together for a certain period of time doesn’t automatically create a common law marriage in Texas. In order to be considered married by common law in Texas, a couple must meet the following requirements:

  • The couple must agree to be married,
  • The couple must agree to live together as husband and wife, and
  • The couple must represent themselves to others as a married couple.

In addition to these requirements, a couple that wishes to enter into a common law marriage in Texas must have the legal capacity to do so. This means that each spouse must be at least 18 years of age (this applies even with parental permission), neither spouse may be related to the other, and neither spouse may be married to anyone else. 

Contact Our Texas Family Law Attorney Today

At Youngberg Law Firm, our experienced family law attorney is here to assist you with your Texas family law issue, no matter what it may be. At Youngberg Law Firm, you can rest assured that we will always treat you with dignity and respect while working towards the best possible solution in your case. In order to ensure that your Texas family law issue is handled with the utmost care, please contact us today for a consultation.

Couple holding hands in a common law marriage.

Are There Any Benefits to a Common Law Marriage?

If you and your partner meet certain criteria, you may be considered married by common law in Texas. There are several benefits to common law marriage, the primary one being legal recognition of your relationship. In addition, common law marriage offers couples property division rights, inheritance rights, and possibly spousal maintenance if the relationship ends. Therefore, you should have a clear understanding of common law marriage and its benefits, particularly if you are currently in an unmarried relationship. Below is an overview of common law marriage in Texas. If you have any additional questions, please contact a Texas family law attorney

What Is Common Law Marriage? 

Contrary to popular belief, living with your partner for a certain period of time doesn’t automatically create a common law marriage. Rather, in order to be considered married by common law in Texas, both parties must:

  • agree to be married, 
  • live together as a married couple in Texas, and 
  • represent that they are a married couple to others. 

A common law marriage is a legally recognized marriage, so a couple that wishes to end their common law marriage must obtain a divorce just like a couple in a traditional marriage. However, unlike a ceremonial marriage, if neither party has filed for divorce within two years after the parties separate the law presumes that the parties never intended to be married, which would invalidate the common law marriage. Although common law marriage can be beneficial, it also has some drawbacks. For example, an individual in a common law marriage is more likely to face family challenges when attempting to claim an inheritance from his or her spouse. In addition, states that don’t support common law marriage are unlikely to recognize a Texas common law marriage as valid. Still, the benefits of marriage, whether common law or traditional, tend to outweigh the drawbacks. 

Benefits of Common Law Marriage

In order to receive a marriage certificate in Texas, a couple must meet certain age and waiting period requirements. In addition, a couple that wishes to get married must undergo some form of formal ceremony. Common law marriage doesn’t impose these requirements, making it an option for those couples who would rather avoid these formalities. 

Parties who wish to avoid some of the formalities of a ceremonial marriage but want more certainty about how their relationship will be viewed in court have the option of filing a “Declaration of Informal Marriage”. This declaration acts as a form of marriage certificate for persons in a common law marriage.  

In addition, married couples in Texas, whether married by common law or otherwise, enjoy certain estate-planning benefits. When a couple is married and one spouse passes away, the surviving spouse is eligible to inherit assets without paying estate taxes. Without this deduction, inherited assets could impose a heavy tax burden on the surviving partner. In addition, same-sex couples in common-law marriages may have the right to inherit assets without a written will in place.

Contact Our Texas Family Law Attorney Today

At Youngberg Law Firm, we understand how difficult issues like custody, domestic violence, and adoption can be for families. In addition, we understand the unique challenges faced by same-sex couples in the state of Texas. If you are facing family law issues of any kind in Texas, you need a compassionate legal advocate on your side. Our experienced family law attorneys serve clients throughout Denton County, including Flower Mound, Highland Village, Little Elm and Denton. Therefore, if you need a family law attorney in Texas, please contact us today to schedule a consultation.