Common Law Marriage in Texas
Traditionally, marriage includes a marriage license and a wedding ceremony. In these cases, there’s quite a bit of coordination and preparation that goes into the union. Additionally, there’s a 72-hour waiting period for marriage licenses in the state of Texas. However, there is another way in which a couple may enter into a marriage. Common Law marriage in Texas is when a couple is legally married without a marriage license or having a marriage ceremony.
Understanding Common Law Marriage in Texas
Once a Common Law marriage is established, the marriage has the same legal effect as a traditional, ceremonial marriage. There are a few things that must take place in order to have a Common Law marriage in Texas.
What Texas Law requires for Common Law Marriage
Unlike some other states, Texas does not require that you be together for a specific period of time before declaring to be in a Common Law marriage. However, In order to have a common-law marriage in Texas, you must meet certain specific legal requirements.
You and your partner must agree to be married. The two of you must live together as a couple. Additionally, you must “hold yourselves out;” meaning that you tell others that you are married. There are other requirements as well:
Both partners must be able to show that they are not already married, formally or informally, at the time the marriage is declared.
You must be at least 18 years of age.
How to Declare a Common Law Marriage in Texas
Once you and your partner have agreed to be married, you may sign a Declaration of Informal Marriage with the county clerk. This declaration is a valid proof of marriage, and you and your partner are considered legally married.
When is proof of a Common Law Marriage important?
There are two cases where it’s especially important to be able to prove a Common Law Marriage. The first is in the event the relationship is ending; divorce. The other is in the event of an inheritance.
Texas law states that all property acquired during a marriage is considered community property. This applies whether the marriage is formal or common law. It does not matter who purchased the property or whose name is attached to the property. It’s also important to know that debts acquired throughout the marriage is divided between the spouses as well.
In the case that a partner passes without a will, Texas Law states that the spouse is entitled to inherit from the deceased spouse.
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