Common law marriage is a type of union that is formed between two individuals without obtaining a formal marriage license. While the concept of common law marriage is not recognized by all states in the United States, Texas is one of the few states that still recognizes and allows common law marriages. Understanding the definition, requirements, and legal implications of common law marriage in Texas is essential for individuals who are considering this type of union.
Definition of Common Law Marriage in Texas
In Texas, a common law marriage is a legally recognized union between two individuals who have chosen to live together as a married couple without obtaining a formal marriage license. To establish a common law marriage in Texas, both partners must meet certain requirements, including:
- Both partners must be over the age of 18 and must not be married to another person.
- Both partners must agree to be married and must hold themselves out to the public as a married couple. This can include referring to each other as “husband” or “wife,” filing joint tax returns, and having joint bank accounts.
- Both partners must live together in Texas as a married couple.
Once these requirements are met, a common law marriage in Texas is considered to be just as valid as a formal, licensed marriage.
Legal Implications of Common Law Marriage in Texas
There are several legal implications that come with common law marriage in Texas. These include:
- Property rights: Common law spouses in Texas have the same property rights as formal, licensed spouses. This means that if one spouse dies without a will, the surviving spouse will be entitled to a portion of the deceased spouse’s estate.
- Child custody: If a common law marriage ends in divorce, the court will make decisions regarding child custody, support, and property division just as it would in a formal, licensed marriage.
- Spousal support: Common law spouses in Texas may be entitled to spousal support if the marriage ends in divorce or if one spouse dies.
- Health care decisions: Common law spouses in Texas have the right to make health care decisions for their partner if they are unable to do so themselves.
It is important to note that, unlike formal, licensed marriages, common law marriages do not require a legal divorce to end. If both partners agree to end the marriage, they simply stop living together and holding themselves out to the public as a married couple.
Conclusion
Common law marriage in Texas is a legally recognized union between two individuals who have chosen to live together as a married couple without obtaining a formal marriage license. Understanding the definition, requirements, and legal implications of common law marriage in Texas is essential for individuals who are considering this type of union. If you are considering a common law marriage in Texas, it is recommended that you seek the advice of a family law attorney to ensure that your rights and interests are protected.