There is a myth that when couples live together for a period of time, they are considered common-law partners. That`s not the case in Texas – or anywhere else. A common-law relationship has nothing to do with the lifespan of a couple. Common-law marriage, also known as informal marriage, is recognized as a legal marriage even if the spouses have not had a ceremony or received a marriage certificate. For a couple to be married in a common-law relationship, certain legal requirements must be met. But what exactly does that mean – and are they really considered married in the eyes of the law? In Texas, common-law marriage is treated as a real marriage. Getting married is one of the decisions that will change your life the most. Once you`ve decided you`re ready to walk down the aisle, there are a few practical legal considerations to keep in mind. No matter where you get married in the country, each state has its own marriage requirements. These include specific age, consent, and capacity requirements, as well as additional steps you need to take to validate your marriage. Yes. All of the above applies to same-sex couples.
You must have lived in Texas after agreeing to get married. You can`t enter into a common-law marriage if you and your partner didn`t live in Texas after agreeing to get married. An agent who solemnizes a marriage shall not discriminate on the basis of race, religion or national origin against an applicant who is otherwise competent to marry. Although the law does not address sexual orientation, same-sex marriage is legal in all states, including Texas. A couple who have lived together for 20 years and have children together does not automatically qualify to be married in a common-law relationship in Texas. This is especially true if there is evidence that the couple never intended to marry or never represented to others what they were. If there is no agreement to marry, there is no de facto marriage. If the couple has not presented themselves to the public as married, there is no de facto marriage. Another accidental misconception about marriage laws in Texas is that there is a restriction on how often you can get married in Texas. Texas does not limit the number of marriages. Reputation is the belief of the couple`s community that the couple is married. The community is usually made up of their friends, family, and other people who know the couple.
The testimonies of these people can be used to show that the couple claimed to others that they were married. It does not depend on any particular fact. The court can infer an agreement to be married and stay with other people by proving that you lived together, that you told others that you were married, that you used your partner`s last name, that you filed joint tax returns as a spouse or a married person, you signed leases or other documents as spouses, made joint purchases, enrolled your partner in your health insurance, made your partner a beneficiary of a life insurance policy, submitted joint applications or loan agreements, applied for public benefits, and registered your partner as a “spouse” and had children together. The one-off idea of your partner as a lone spouse may not be enough, but it can be when combined with other evidence suggesting that you acted like a married couple and others thought you were married. Although a written or verbalized agreement in front of witnesses is preferable, the state recognizes tacit or derivative agreements. In other words, the court will look at things like using your partner`s last name, using a beneficiary of a life insurance policy, filing joint tax returns, or joint purchases. However, it is important to point out that any tacit agreement is scrutinized more strictly due to the increase in the number of couples living together without being married. In addition, it is often more difficult to prove that these agreements were mutual, especially when a party tries to refute them. A de facto (or informal) marriage is a legal marriage without ceremony or other formalities. It is only created if certain specific legal requirements are met.
Proof of a common-law marriage does NOT depend on how long you live together or whether you have children together. Once proven, a common-law marriage has no “lower status.” It is as legally valid as a formal marriage.