Common law marriage i texas

Disclaimer: The Texas State Law Library is unable to give legal advice, legal opinions or any interpretation of the law.

Marriage vs. Common Law Marriage: What's the Difference?

General Information. Introduction to Common Law Marriage Common law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry in Texas. Texas Law Below you will find references to areas of the Texas Family Code that govern common law marriage and issues related to marriage. Texas Family Code, Chapter 2, Subchapter E State law that provides the requirements for proving a common law marriage and the process for legally declaring one.

Some benefits are similar to marriage, if you meet the requirements

Explained in "Plain English" Because Texas and federal law may not be easy to understand, below you'll find a collection of resources that help to explain the law in "plain English. Common Law Marriage Fact Sheet The Alternatives to Marriage Project has compiled this informational page about common law marriage, which contains some Texas-specific information.

Common Law Marriage and Social Security - Devin Carroll

Please note that this article was written before the Obergefell v. Hodges U. Supreme Court decision in You may need to obtain a copy of the form from your county clerk directly rather than online.

How to Prove a Common-Law Marriage in Texas | LegalZoom Legal Info

It includes questions about common law marriage and domestic partnerships. An article from AARP that discusses the type of documentation you may need to provide to "prove" your marriage in order to obtain spousal and survivor benefits from Social Security. Common Law Marriage and Social Security Dependents and Survivor Benefits An article from self-help legal publisher Nolo that also discuss qualifications and requirements for obtaining Social Security benefits.

Some people want to become common law married in order to get the legal benefits of marriage.


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It is important to understand that there are other options available. For example, you can have wills drafted that name your loved one as a beneficiary or you can have a cohabitation agreement created that outlines how property will be divided upon breakup. For couples in a common-law marriage, divorce is the same as it is for those who got a marriage license and had a wedding ceremony.


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The only distinction is that the process may be proceeded with a dispute over whether or not there was a common-law marriage. One party may claim that there was a common-law marriage in order to go through the divorce process and obtain a division of property, while the other may claim that there was no common-law marriage so each party should keep his or her individual property.

We can review the facts of the case and assist in proving or disproving the common-law marriage.

Common Law Marriages in Texas

If the marriage is proven, our family law attorneys can proceed with the divorce process, protecting your rights and interests every step of the way. To discuss common-law marriage with a lawyer, call or send us an email. Please enter a valid email address. Please enter a valid phone number.

What Constitutes a Common Law Marriage?

Please describe your legal issue. 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. Are You Common Law Married? To become common law married, a couple must meet three criteria: The couple must agree to be married.