Posted by Mary E. Ramos | Divorce, General
If you are in a long-term relationship in Texas, you might wonder, “Are we already married in the eyes of the law?”. If so, you may have heard about common-law marriage and think that it could apply to your specific facts. Maybe you and your partner live together, share expenses, and even call each other husband and wife, but you’re unsure whether Texas legally considers you married. It’s a confusing topic, and not knowing the legal requirements can leave you feeling uncertain about your future.
At the Ramos Law Group, PLLC, we understand that trying to determine your legal relationship status can be unsettling and confusing. That’s why we’re here to guide you through the complexities of common-law marriage. Our goal is to help you determine whether your relationship meets the criteria or what steps you might need to take if you want to establish this legal marital status.
What Is Common-Law Marriage in Texas?
Your relationship must meet specific criteria under the law to establish a common-law marriage in Texas. This informal marriage arrangement allows couples to be legally married without a formal ceremony or license, but it’s not as simple as living together or calling each other spouses.
Texas Recognizes Informal Marriage in Limited Circumstances
Texas recognizes an informal marriage, or what is often called a common–law marriage, in very limited circumstances. Simply living together, sharing a residence, or even having children together is not enough to create a common–law marriage, regardless of how long you have been a couple.
Several specific criteria must be met to create an informal marriage under the Texas Family Code:
- A man and a woman, neither of whom are married to anyone else and who are over the age of eighteen;
- Must agree to be married;
- Must live together in the state of Texas; and
- Must represent themselves as a married couple to others in Texas.
If all of these factors are not fulfilled a common–law marriage has not occurred. Often, one or more of these factors are missing. For example, the parties may live together and occasionally tell people that they are husband and wife, but if they have never agreed to be married, then an informal marriage has not occurred. Sometimes parties agree to be married in the future, then a common–law marriage has not occurred. Sometimes the parties have only told people who live outside of Texas that they are married, for example parents who reside out of state. In this case, a common–law marriage has not occurred.
If your relationship meets all of the requirements of a common–law marriage in Texas, then it will be treated like a formalized marriage for the purposes of a divorce. If that is the case, it is important to contact an experienced divorce attorney, who will help protect your interests.
Misconceptions About Texas Common-Law Marriage
Several myths about Texas common-law marriage can lead to confusion:
- Living together isn’t enough. Cohabitation alone does not create a common-law marriage. Even if you’ve lived together for decades, Texas law requires additional factors to establish a valid common-law marriage.
- Having children together isn’t enough. Parenthood doesn’t satisfy the legal requirements for marriage. While raising a family together demonstrates commitment, it does not fulfill the legal conditions for establishing an informal marriage.
- Public representation matters. Agreeing to be married and presenting yourselves as married to others are essential. Without openly identifying as spouses in your community, the law will not recognize your relationship as a common-law marriage.
These misconceptions can cause unnecessary stress, but understanding the requirements helps you take the next step confidently.
Common-Law Marriage in Texas: Your Step-by-Step Plan
Determining your legal relationship status can feel overwhelming. But breaking it down into simple steps can make it easier to understand and take action. Whether you’re unsure about meeting the requirements or just need clarity to move forward, here’s a straightforward plan to guide you.
Reflect on Your Relationship
Start by examining the key aspects of your partnership. Have you and your partner explicitly agreed to be married? Do you live together in Texas, fulfilling the residency requirement? Lastly, consider how others view your relationship—do local friends, family, or colleagues see you as a married couple? This reflection is essential for understanding where your relationship stands under Texas law.
Gather Supporting Evidence
After reflecting, collect evidence that supports the nature of your relationship. Such evidence could include joint bank accounts, shared property titles, or insurance policies naming your partner as a spouse. Statements from friends or family who can attest to your status as a couple may also help. These details will clarify whether your relationship meets the criteria for a common-law marriage.
Identify Missing Criteria
Next, pinpoint areas where your relationship might fall short of state requirements. For example, have you and your partner openly agreed to be married? Do you present yourselves as a married couple to your community? Identifying gaps will help you understand your current situation and whether you may need to address any missing elements.
Consult a Legal Professional
Finally, seek advice from a trusted legal professional. At the Ramos Law Group, PLLC, our practice focuses on helping clients navigate complex legal situations like common-law marriage. Our experienced attorneys will listen to your concerns, provide tailored advice, and guide you toward the best solution for your situation. Contact us today to get started on the path to clarity and peace of mind.
Still Unclear About Your Marital Status?
If you’re still uncertain about your marital status, an attorney can help clarify your situation and provide expert advice on how to move forward. Whether you’re seeking to form a common-law marriage, need guidance on formal marriage, or are facing other relationship-related challenges, we’re here to assist you. We’ll ensure you understand how your marital status impacts key aspects of your life, from family law matters to financial decisions, and offer tailored advice to achieve the best possible outcome.
Our legal services cover a broad range of areas, and we can help you understand how your marital status plays into these matters:
- Divorce. Your marital status directly impacts the process of filing for divorce, asset division, and alimony. Whether you have a formal or common-law marriage, we can guide you through the process and help you understand your rights and obligations.
- Child custody. If you’re in a common-law marriage, the court will treat your situation similarly to a formal marriage when deciding custody and visitation rights.
- Adoption. Your marital status may influence your eligibility for adoption and your partner’s legal rights. Understanding how Texas law views your relationship can help you navigate this important life decision.
- Child support. Your status could impact the calculation of your overall financial picture for child support purposes, including how the court divides assets and evaluates your income. Our attorneys can help ensure a fair arrangement that considers all pertinent factors.
- Other family law matters. Understanding your legal marital status helps if you’re dealing with family law issues such as spousal support, property rights, or inheritance.
At Ramos Law Group, PLLC, we understand that your legal relationship status plays a key role in many aspects of your life.
Take the First Step with Ramos Law Group, PLLC
If you’re unsure about your legal relationship status or need help navigating common-law marriage in Texas, let us guide you. Contact the Ramos Law Group, PLLC, today to schedule a consultation. We’re here to answer your questions, protect your interests, and provide clarity when you need it most.
Last Updated on February 5, 2025 by Mary E. Ramos
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