Informal marriage, often referred to as common law marriage, is a legally recognized union in Texas where a couple lives together and presents themselves as married without undergoing a formal ceremony or obtaining a marriage license. My article explores the intricacies of informal marriage laws in Texas, including the criteria for establishing such a marriage, the legal implications, and the process for dissolving it.
What are the Criteria for Establishing an Informal Marriage?
In Texas, an informal marriage is recognized if the couple meets specific criteria. According to the Texas Family Code, the couple must:
1. Agree to be married: Both parties must have a mutual agreement that they are married.
2. Cohabitate in Texas: After agreeing to be married, the couple must live together in Texas as husband and wife.
3. Represent themselves as married: The couple must present themselves to others as a married couple.
These criteria ensure that the relationship is not merely a cohabitation but a recognized marital union in the eyes of the law.
How do I go proving an Informal Marriage?
Proving an informal marriage in Texas involves demonstrating that the couple met the above criteria. This can be done through various forms of evidence, such as:
– Statements to others: The couple telling friends, family, or colleagues that they are married.
– Shared living arrangements: Evidence that the couple lived together, such as a shared lease or mortgage.
– Joint financial accounts: Bank accounts, credit cards, or loans held jointly.
– Tax returns: Filing joint tax returns or listing each other as spouses on tax documents.
– Insurance policies: Naming each other as beneficiaries on life insurance policies.
– Public records: Signing documents as spouses, such as leases or loan applications²³.
These pieces of evidence collectively help establish the existence of an informal marriage.
What are the Legal Implications of Informal Marriage?
Informal marriages in Texas carry the same legal weight as formal marriages. This means that couples in an informal marriage have the same rights and responsibilities as those who have gone through a formal ceremony. Some of the key legal implications include
– **Property Rights**: Property acquired during the marriage is considered community property and is subject to division upon divorce.
– **Inheritance Rights**: A surviving spouse in an informal marriage has inheritance rights if the other spouse dies without a will.
– **Healthcare Decisions**: Spouses in an informal marriage can make medical decisions for each other in case of incapacitation.
– **Social Security and Pension Benefits**: Spouses may be eligible for survivor benefits under Social Security or pension plans.
These rights and responsibilities underscore the importance of recognizing and proving an informal marriage.
How do I Declare an Informal Marriage?
Couples who wish to formalize their informal marriage can do so by signing a Declaration of Informal Marriage. This document, available from the county clerk, serves as legal proof of the marriage. Once signed and filed, the declaration provides the couple with all the legal benefits and responsibilities of a formal marriage.
How about Dissolving an Informal Marriage?
Dissolving an informal marriage in Texas follows a process similar to that of a formal marriage. Couples must file for divorce to legally end the marriage. If the couple separates and does not take any legal action to end the marriage within two years, Texas law presumes that the marriage never existed. This presumption can be rebutted with evidence proving the marriage, but it complicates the process.
What are some Common Myths About Informal Marriage?
There are several misconceptions about informal marriage in Texas. One common myth is that living together for a certain number of years automatically creates a common law marriage. In reality, the couple must meet all the criteria outlined above. Another myth is that having children together establishes an informal marriage. While having children can be evidence of a marital relationship, it is not sufficient on its own to prove an informal marriage.
What is the Importance of Legal Recognition?
Recognizing and proving an informal marriage is crucial for several reasons. It ensures that both parties have legal rights and protections, particularly in matters of property division, inheritance, and healthcare decisions. It also provides clarity and stability in the relationship, helping to avoid disputes and misunderstandings.
Conclusion:
Understanding the informal marriage laws in Texas is essential for couples who choose this path. By meeting the criteria for an informal marriage and taking steps to prove it, couples can enjoy the same legal benefits and responsibilities as those in a formal marriage. Whether for personal, financial, or legal reasons, recognizing an informal marriage can provide significant advantages and protections for both partners.
If you have any specific questions or need further details, feel free to email me at roland@rolandbarbosa.com or call me at 972-418-9678