Common law marriage texas requirement


They worked together. Although they agreed that the relationship changed in , they did not agree as to what happened later.

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The husband claimed they moved back in together by the end of and continued their relationship until late The husband filed for divorce in The wife moved for summary judgment on the grounds that they were not married. She argued they did not meet the requirements of a common law marriage.

She offered affidavits the parties signed in indicating they were not married, did not live together, and had not held themselves out as married. In her deposition, she had denied living with the husband.

She also pointed out the husband was unable identify the exact date of an agreement to be married. She also relied on documents in which the husband indicated he was divorced and not married, including a bankruptcy petition filed under oath.


These documents showed a different address than that of the wife. The wife also used these same documents to show the couple had not held themselves out as married. The husband offered his own affidavit and deposition, the declarations of twelve other people, and cards from the wife. His affidavit stated the couple agreed to divorce to protect her from his creditors. He alleged they had agreed to be married after the divorce, but wanted to keep the relationship from the creditors.

He stated they indicated they were not married and lived separately in formal documents, but presented themselves as married to friends and their families. He claimed they continued to live together and share expenses after their divorce.

Texas Common Law Marriage after Divorce — Texas Divorce Attorney Blog — September 7,

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Couples in Common Law Marriages have the Same Legal Rights as Officially Married Couples

Please verify that you have read the disclaimer. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. Providing Solutions. Menu Contact. Email us. Common Law Marriage In Texas Common law marriage, also referred to as informal marriage or marriage without formalities , is recognized under the Texas Family Code.

In most cases, no. Some couples want to avoid a nasty divorce, so they set out to establish a common law marriage instead. However, if you live in a state that recognizes common law marriage, the only way to end the relationship is to ask the court for a divorce.

Common-law marriage in the United States

Divorcing from a common law marriage may first require a trial to prove to the court that you were in a legally enforceable marriage, which could take more time and money than a divorce from a traditional marriage. The court would require you first to prove that you meet the requirements for a common law marriage before you can proceed with the suit for neglect. Had you and your spouse formed a traditional marriage, the court would allow you to sue immediately on behalf of your spouse.

Couples in a common law marriage can create legal documents which may help to prove their intent to enter into a common law marriage by visiting an experienced attorney in their state. Attorneys can also draft estate plans, trusts, wills, and advanced directives that establish inheritance rights without the need for proving the common law marriage to the state later. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.