Common law marriage is a term that is often used for unmarried people living together. The proper term is a Texas informal marriage. People are familiar with the term, but they don’t know what constitutes a common law marriage. Today we’re discussing when a couple is in a common law marriage.
Common Law Marriage In Texas
The Texas Family Code provides in §2.401:
(a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:
1) a declaration of their marriage has been signed as provided by this subchapter; or
2) The man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.
(b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married.
Texas is one of Twelve states that allow “Common Law Marriages”. In Texas the relationship is referred to as an informal marriage. All other states in the U.S. acknowledge and accept informal marriages from other states. If you have any questions, check with your family law attorney.
To dissolve an informal or common law marriage, the parties must go through a divorce like with other marriages. However, if two years has passed since the separation of the parties, there is a rebuttable presumption that the marriage did not take place.
If you have any questions about your marriage or lack thereof, contact MLF Legal at info@mlflegal.com
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