Common Law Marriage: Legal Topic of the Week
Welcome to this round of the legal topic of the week! This week’s term is Common Law Marriage. In short, a common law marriage is a legally recognized marriage without a ceremony or marriage license. You only need to meet three requirements for your marriage to be recognized under this law:
- Both parties must agree that they are married.
- They must live together in Texas as a married couple.
- They must represent themselves to others as spouses
This means that if you and your partner already live together, share finances, and introduce each other as husband or wife, you could already be married under Texas law.
What Makes a Common Law Marriage
If the above situation applies to you, your marriage could very well be recognized in the State of Texas. If you separate, one party could still file for divorce even if there was never a wedding held. There’s no set timeframe you have to live together, but if you split up for more than two years and don’t file for divorce, it becomes a lot harder to prove the marriage existed.
A common law marriage gives you the same rights and responsibilities as a formal marriage. This includes property division, spousal support, and divorce procedures. It also matters in personal injury or wrongful death cases. If one partner dies or is injured, the other may have a right to settlements. This is especially critical when minor dependents are involved.
So What?
Understanding whether you’re legally married can save a lot of trouble down the road. You’re relationship status affects property, custody, and inheritance, among many other important things. If you’re unsure where you stand, give us a call. We’re also here for any other legal help or expertise you may need.
See Mickey’s explanation of Common Law Marriage below:
