Common law marriages in texas

Not all marriages start with a marriage license and an official wedding ceremony. In Texas, it is possible for a couple to enter a common law marriage. It is also possible for a couple in this type of marriage to get a divorce. There are many persistent myths about common law marriage. A common misconception is that if a couple lives together for seven years or longer, they are considered common law married.

This is not true in Texas.

Which States Recognize Common Law Marriage? | Nolo

There is no relationship duration requirement for common law marriage in Texas. Rather, there are a few simple, yet critical, requirements that separate couples in common law marriages from couples who simply live together. Internal Revenue Service.

National Conference of State Legislatures. Common Law Marriage by State. Colorado: If contracted on or after September 1, Florida: If contracted before January 1, Pennsylvania : If contracted before January 1, You must live together.

You must present yourselves to others as a married couple. Some ways of doing this are by using the same last name, referring to one another as husband or wife, and filing a joint tax return.

Common Law Marriage vs. Traditional Marriage

Although the time frame is not always well-defined, you have to be together for a significant period of time. Some states do define a specific number of years.

Elements of a Common Law Marriage

You must have the intention to be married. You are living together in a common law marriage that is recognized in the state where you now live or in the state where the common law marriage began. For example, you can have wills drafted that name your loved one as a beneficiary or you can have a cohabitation agreement created that outlines how property will be divided upon breakup. For couples in a common-law marriage, divorce is the same as it is for those who got a marriage license and had a wedding ceremony.

How do I establish a common law marriage?

The only distinction is that the process may be proceeded with a dispute over whether or not there was a common-law marriage. One party may claim that there was a common-law marriage in order to go through the divorce process and obtain a division of property, while the other may claim that there was no common-law marriage so each party should keep his or her individual property.

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We can review the facts of the case and assist in proving or disproving the common-law marriage. If the marriage is proven, our family law attorneys can proceed with the divorce process, protecting your rights and interests every step of the way. To discuss common-law marriage with a lawyer, call or send us an email.

Common Law Marriage

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