Texas Living Wills Laws
A Summary of Common Law Marriages in Texas
A Summary of Common Law Marriages in Texas
According to the Texas Department of State Health Services’ website, Texas recognizes common law marriages, also known as “informal marriages.” Texas informal marriage laws differ from other states’ laws in that a couple may chose whether or not they wish to remain in an undocumented informal marriage, or they may register their informal marriage by signing a Declaration of Informal Marriage in front of the County Clerk in the county in which they reside.
Since Texas does not take into consideration the amount of time a couple has been together when determining if a common law marriage exists, there are only two ways in which a couple may show proof that they are informally married:
1. File a Declaration of Informal Marriage in front of the County Clerk. A Declarations of Informal Marriage form is available through the County Clerk’s office.
2. They must meet all of the following conditions:
* The couple agrees that they are married.
* They live together in Texas.
* They represent themselves to other individuals that they are married to one another.
Now that we’ve taken a snapshot at what it means to co-exist in a common law or informal marriage, let’s take a look at how Texas handles divorces of these types of marriages.
According to the Domestic Relations Office section of the Travis County, Texas’ website, a common law marriage may end in two ways:
1. If there have been children or if property and debts remain undivided, you will want to seek a formal divorce. In a divorce, paternity, custody, support, and visitation can be determined, and debts and community property can be divided.
Under a new provision of the Family Code, either partner in a common law marriage has two years after you separate to file an action to prove that the marriage did, in fact, exist.
2. Both partners in a common law marriage are responsible for debts and for care and support of children of the marriage. Property among the two parties is considered community property and will be justly divided by the court. If you have separate property, you may have to show clear and convincing evidence that the property is solely yours.
Common law marriages in Texas are a very complicated legal matter. If you have any questions or need assistance, it is best to seek out the advice of trusted legal counsel.
About the Author
If you’re in Austin, family law attorneys may not be necessary to validate your common-law marriage. However, in the sad event that you decide to break it off, you’ll want to hire a divorce lawyer. Austin’s laws are straightforward, but common law marriages are very complicated.
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