Shocking!! Does Texas have Common Law Marriage? 2024 Updates!

Does Texas have common law marriage? Yes, it does. Common law marriage is being legally married after the declaration of informal marriage. The wedding gown and the black tuxedo, the vows in the presence of family, the church and the officiant are not required. Essentially, common law marriage is being married to someone without a ceremony. 

1. Common Law Marriage: General Information

Being in a common law marriage means living together and introducing your partner as your spouse to the people you know. However, there is a difference between a traditional marriage and a common law marriage. 

When two people decide to be married there are many things to think of. One of the major elements is the financial aspect. They have joint statements, and they plan their future according to both the people’s income, and the money spent on the kids are both responsibilities. Especially, when there is a divorce, majorly the assets are divided. So here is everything about Does Texas have common law marriage?

2. Requirements for Informal Marriage in Texas

Being in a common law marriage has three elements. If two people agree to be married, live together after the agreement, and have their family and friends as evidence. They are legally married under the common law marriage in the state of Texas. 

Except for these, the spouses must also prove they were not already married to someone else at the time of the common law marriage. May it be formal or informal. Both of them should be above the age of eighteen years old and should live in Texas after the marriage. 

3. Declaration of Common Law Marriage

How do people prove that they agreed to be married and represent to others that they were married?  When both parties have agreed to be informally married, they can go to the county clerk and sign the Declaration of Common Law Marriage. This is a legal form which represents both the party’s agreement to common law marriage and that they are legally married in the state of Texas.

4. When is it important to prove common law marriage?

There are two cases in which it is important to prove the legality of common law marriage. First, it is at the time of separation and other to prove the inheritance of properties and assets.

4.1 Common Law Divorce 

This is one of the differences between common-law marriage and formal marriage as there is no such thing as divorce in common-law marriage. So despite living together and having a life together, everything a person brings with him or herself is individual. There is no division of assets on separating. Only the joint accounts are to be divided that too based on investments made by each person individually. 

However, each state has their own rules and regulations regarding this. In Texas, separating from common law marriage is similar to an official marriage. This means the spouses need to file a divorce. If the divorce is not filed within two years of separation, the marriage is unrecognized, meaning the court takes it as if the marriage never happened if not proven otherwise. 

4.2 Assets and Inheritance 

Under Texas law, property under marriage is community property. This means rules for property under common law property are the same as rules under an official marriage. The assets are divided equally no matter who owned the property before marriage. It is the same in the case of debts accumulated which are liabilities of both the people under common law marriage. 

The major difference is proving if people were under common law marriage. As if proven otherwise, the assets are not divided on separation and people end up with the same assets that they brought into the marriage.

If one of the spouses has died, and the other can prove their marriage through common law marriage, then they have full right to claim their partner’s inheritance. 

5. Same-Sex Couples under Common Law Marriage in Texas

There is legalized same-sex marriage under the common law marriage in Texas. All the rules applied are the same for them. However, as in normal circumstances as well, the couple must reside in Texas after the marriage. 

6. Biggest Misconception about Common Law Marriage in Texas

It is very common to be in live-in relationships in this generation. This means that many people even before marriage like to live together and even share their property and finances. This however doesn’t automatically mean that they are married.

This is one of the biggest misconceptions about common law marriage. The partners must not only live together but agree to be married. The husband and wife must reside in the state of Texas after doing so and must acknowledge their marriage with their friends and family. Furthermore, they must divorce after living together for a certain period (about two years), if they want to separate. If not done so, they are not considered to be married ever. 

7. Do All States Recognize Common Law Marriage?

Not all fifty states recognize common law marriage. Moreover, rules and regulations for every state are different. Some states which allow common law marriage except for Texas are Colorado, Iowa, Kansas, South Carolina, Utah and more. 

Also, some states like Wisconsin don’t recognize common law marriage while some have different nuances for it. For example, Oklahoma has contradicting rules and laws while New Hampshire only recognises it for inheritance purposes. 

8. Conclusion

Common Law marriages are not allowed in every state, and therefore anyone planning to enter such a marriage must read all the legalities surrounding it. Also, every different state has different rules and regulations which must be understood by a couple for the long term. It is advisable to contact an attorney in the area so that he or she can familiarise you with the exact laws in that state. It should also be kept in mind that the husband and wife must reside in the state where they got into common law marriage.

Generally, the laws for divorce, assets and inheritance are the same as in an official marriage, but it must be proven that the couple was under the common law marriage act. If not the assets can be taken individually by each partner during separation. To prove this the spouses should sign the declaration form and also keep a check on their federal joint tax returns and paperwork of their shared assets and marital property.

Last Updated on March 17, 2024 by praakriti