Common Law Marriage In Texas

Common law marriage in Texas is a legally binding union that can have a significant impact on issues of property and children. Katie L. Lewis has advised couples in common law marriages relating to a variety of family law matters. Texas is one of the few states that recognize common law marriage, so it is worth discussing your situation with an attorney to fully understand your rights and obligations.

How Do We Know If We Have A Common Law Marriage?

Simply cohabiting with your partner does not automatically constitute a common law marriage, and there is no minimum time for establishing the common law marriage. If you and your partner (1) have agreed to be married (2) live together and (3) have held yourselves out to other people in the state of Texas that you are married, you have a common law marriage. No ceremony or marriage license is needed. However, common law marriages in Texas can take place only between a man and a woman. If you think you have entered into a common law marriage but are not sure, contact our office to speak about your situation.

What Rights Come With Common Law Marriage?

If you and your partner have a common law marriage, you have the same rights and responsibilities as a couple in a ceremonial marriage. Property and debts are considered communal and if the relationship is terminated, the couple must seek a legal divorce.

If you believe you are, or were, in a common law marriage but your spouse disagrees, speak to an experienced common law marriage lawyer to discuss ways in which you can prove that your relationship is legally binding. Securing proof of this relationship could mean that you are entitled to the same spousal maintenance and division of assets rights as those in a ceremonial marriage in Texas.

Will This Be Complicated?

Handling legal matters involving common law marriage can be complicated, but our lawyer specializes in family law and can efficiently and fully care for you and your issues. If you have questions about the status of your relationship, call our Dallas office at 214-461-5028 or 817-476-1223.