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Common Law Marriage in Texas

As time changes, so do people and their perspectives on values and standards.  Today, it is common for unmarried couples to reside in the same household.  Many even have children together and conduct their daily lives as any family would.  Many people choose this lifestyle as an alternative to a formal marriage whether for convenience for preference.  However, obtaining a marriage license and getting married in a big white dress in a church is not the only way to have a recognizable marriage.  Texas recognizes, codified in the Texas Family Code, informal marriages, most commonly known as common-law marriages.

With informal marriages, all of the formal requirements for a formal marriage still apply.  For example, the couple must have legal capacity to enter into a marriage, must not be a minor, be of the same sex, or be related.   For a common-law marriage to exist, a man and a woman must (1) agree to be married – this is not the same as an agreement TO BE married (“engaged to be engaged”, if you will); (2) co-habitat, or live together; and (3) hold themselves out as husband and wife, such as introducing each other as “my husband” or “my wife”.  If all three requirements are met, under the eyes of the law, the couple is married.  As a result, all the legal implications and consequences of a formal marriage apply to informal marriages as well, one of which is divorce.  Once a common law marriage has been establish, the couple cannot simply “break-up” but must undergo divorce proceedings as with a formal marriage.

If you have any questions regarding Texas Family Law, contact our experienced family law attorneys for a FREE LEGAL CONSULTATION. Call us at 972.789.1664, or email us at contact@dallasarealaw.com.

 

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