Introduction to Common Law Marriage in Texas
Texas is one of the few states that recognize common-law marriages. These informal unions, which don’t require a marriage license or traditional ceremony, can have serious legal consequences, especially when they dissolve. With the help of Leslie Barrows and her team at The Barrows Firm, you can navigate the complexities of Texas family law and protect your rights, whether entering or ending a common law marriage.
What is a Common Law Marriage?
Definition of Common Law Marriage in Texas
A common law marriage, also known as an “informal marriage” in Texas, is a legal union between two people who live together and present themselves as a married couple without going through a formal ceremony or obtaining a marriage license. However, cohabiting is not enough; the couple must meet specific requirements to be considered married under common law.
Requirements for Establishing a Common Law Marriage
To establish a common law marriage in Texas, three key requirements must be met:
- Agreement to be Married – Both partners must agree verbally or through actions to be married.
- Cohabitation – The couple must live together in Texas.
- Representation – The couple must present themselves to others as married (e.g., using the same last name, referring to each other as spouses).
If these conditions are met, the marriage is legally recognized, and the couple will have the same rights and responsibilities as those in a traditional marriage.
Legal Rights and Responsibilities of Common Law Spouses
Property Rights
Texas’ community property laws apply in a common law marriage, just as they do in a traditional marriage. This means that any property acquired during the marriage is considered jointly owned, and both partners have equal rights.
Inheritance Rights
Common law spouses in Texas also have the right to inherit from one another, even without formal will. If one partner dies without a will, the surviving spouse may be entitled to a share of the deceased’s estate under Texas’ intestacy laws.
Spousal Support
Spousal support, or alimony, may be awarded in a common law marriage if the couple separates or divorces, depending on factors such as the length of the marriage and the financial situations of both partners.
Proving a Common Law Marriage in Court
Gathering and Presenting Evidence
Proving the existence of a common-law marriage can be challenging, especially if one partner denies the marriage. Evidence such as joint bank accounts, leases, tax returns, and affidavits from friends and family can be crucial in establishing the relationship.
The Importance of Cohabitation and Mutual Agreement
Courts will look for evidence that the couple not only lived together but also agreed to be married and held themselves out as a married couple. This may include using the same last name, introducing each other as spouses, or filing joint tax returns.
Dissolving a Common Law Marriage: Divorce Process
Similarities to Formal Divorce
When a common law marriage ends, the dissolution process is similar to that of a traditional marriage. Divorce in Texas requires filing divorce papers, dividing assets, and potentially seeking spousal support or addressing child custody issues.
Differences from Traditional Divorce Proceedings
One key difference is that the first step may involve proving the existence of the common law marriage. If one party contests the marriage, the court will require sufficient evidence before proceeding with the divorce.
Property Division in Common Law Marriages
Community Property Laws in Texas
In Texas, community property laws dictate that both spouses own any property acquired during the marriage equally. Dividing these assets can become complicated in a common-law marriage, especially if one partner claims the marriage never existed.
Challenges in Dividing Assets
Without clear documentation of the marriage, dividing assets can become contentious. One partner sometimes tries to hide assets or deny their shared ownership.
Spousal Support in Common Law Marriages
When Spousal Support is Applicable
Spousal support may be awarded in cases where one spouse is financially dependent on the other. This is especially true in long-term relationships where one partner sacrifices career opportunities to care for the family.
Factors Affecting Support Decisions
Factors that may influence spousal support decisions include the length of the marriage, each partner’s earning potential, and whether one partner requires financial assistance to maintain their standard of living.
Paternity Issues in Common Law Marriages
Legal Responsibilities of Parents
In common law marriages, both parents have legal responsibilities to their children, including providing financial support and making decisions about the child’s welfare. Establishing paternity is crucial in cases where the father’s relationship with the child is disputed.
Establishing Paternity in Court
If paternity is questioned, either parent can file a lawsuit to establish the father’s legal rights and obligations. This can impact child support and custody decisions.
How to Protect Yourself in a Common Law Marriage
Prenuptial Agreements
Although prenuptial agreements are more common in traditional marriages, they can also help protect both parties’ assets in common-law marriages.
Legal Documentation of Relationships
To avoid disputes, couples in a common-law marriage should maintain documentation that proves the relationship, such as joint leases, bank accounts, and tax filings.
Challenges of Proving Common Law Marriage
Lack of Formal Documentation
One of the biggest challenges of proving a common law marriage is the need for formal documentation. Without a marriage certificate, the burden of proof is on the party claiming the marriage.
Common Disputes
Common disputes in common law marriages involve property division, spousal support, and child custody, especially if one partner denies the existence of the marriage.
Case Example: Proving Common Law Marriage in Texas
Consider a case where a couple lived together for ten years but never obtained a marriage license. After their separation, one partner filed for divorce, but the other denied that a marriage existed. In this case, the court required evidence such as joint financial accounts, shared property, and testimony from friends to determine the existence of the common law marriage.
Legal Steps to Prove or Dissolve a Common Law Marriage
Filing for Divorce or Dissolution
To dissolve a common law marriage, a party must file for divorce and prove the marriage existed. If successful, the court will treat the dissolution like a traditional divorce.
Seeking Legal Counsel
Given the complexities of common law marriage, it’s crucial to seek legal counsel from experienced family lawyers like Leslie Barrows at The Barrows Firm in Southlake, Texas. Whether you're proving the existence of a common law marriage or seeking to dissolve it, Leslie Barrows and her team can guide you through the process.
If you have any additional questions or concerns about common law marriages, don't hesitate to contact The Barrows Firm. Leslie Barrows and her team are here to provide you with the comprehensive legal guidance you need. Understanding the intricacies of common-law marriage in Texas is crucial for protecting your legal rights. Whether you’re seeking to prove the existence of your marriage or dissolve it, navigating the process can be complex. By seeking legal counsel, you can ensure that your rights are protected and the legal proceedings are handled correctly.