Many people have misconceptions about common-law marriage. Texas marriage law does recognize informal or “common law” marriage. However, specific conditions are involved to qualify as being married under common law. It’s important to understand them before assuming that your relationship is a common law marriage.
This term for non-ceremonial marriage came from English law. The practice became popular in the American colonies when wedding officiants were few and difficult to come by. Common law marriage was a legal arrangement where couples could have a legitimate marriage without a ceremony or license, making it easier to pass along property. Only a few states, including Texas, still have common-law marriage laws.
What Is Common Law Marriage?
It is a legal arrangement for informal marriage entered into by two people who cohabitate but do not seek a license and a formal marriage ceremony.
A common and frequently repeated myth is that two people are “automatically married after seven years of living together.” Unfortunately, that’s not true. Cohabitating couples may or may not have a common-law marriage. Much will depend on several factors, including whether they want to present themselves as “married.”
Texas marriage law describes common law marriage as one in which two people:
- Agree to be married
- Following the agreement, they live in Texas as husband and wife
- Represent to others that they are married (wearing rings, signing tax returns together, etc.)
- Be over the age of 18
- Be unrelated to each other
- Not married to anyone else, either legally or in common law
They will also be required to provide evidence of these actions.
There is no specified time limit, such as seven years. This means the parties can be common law married immediately, with no waiting or living together period before they become married.
What About Common Law Divorce?
There is no separate divorce for common-law marriages. Should the relationship end, the parties will have to go through a divorce just as if they had a legal marriage ceremony with a license and officiant. This is also spelled out in Texas marriage law. As with a formal marriage, a couple is either married or they aren’t, with no grey area.
The parties must file for divorce within two years of separation. If not, Texas marriage law presumes that a common law marriage did not exist at all unless proven otherwise.
Since the Oberfell v. Hodges decision, same-sex common law marriage is also legal, with the same requirements, including filing for divorce to end the relationship.
Other States And Common Law Marriage
In addition to Texas, these states have full recognition of common-law marriage:
- Colorado
- District of Columbia
- Iowa
- Kansas
- Montana
- Oklahoma
- Rhode Island
Other states have limited recognition of common-law marriage. Some only recognize common law marriages created before a specific date when the individual state ended the practice.
Should you move out of Texas, things can become complicated. For instance, next door in Louisiana or New Mexico to the west, their laws have no provision for common-law marriage. New Mexico also applies the rule of comity, meaning that the law of where the marriage occurred governs its validity. Therefore, states like Louisiana and New Mexico will consider a qualified common-law marriage from Texas as a legal and legitimate marriage no different than a formal marriage. Just as in Texas, the couple must file for divorce in the state where they live the same as they would for a formal marriage.
Are You In A Common Law Marriage?
You may or may not be, so find out for sure. Wendy L. Hart has been helping people in the Fort Worth area with all their family law issues since 2001. She represents men and women in all aspects of marriage and divorce, including spousal and child support matters.
Need help? Get in touch by using our online contact form, or call us at (817) 842-2336. Don’t try to handle a family law matter on your own. Contact The Law Office of Wendy L. Hart and get the help you need.
