Common law marriage, also known as informal marriage, is recognized in Texas. This type of marriage allows couples to be considered legally married without having a formal ceremony or obtaining a marriage license. Here’s what you need to know about the requirements and how to ensure your union is recognized.
Requirements for Common Law Marriage in Texas
To establish a common law marriage in Texas, couples must meet three essential criteria:
- Agreement: Both partners must agree to be married.
- Cohabitation: After agreeing to be married, the couple must live together in Texas as spouses.
- Public Representation: The couple must also hold themselves out to others as being married.
These requirements ensure that the relationship is recognized as a marriage by both the couple and the community. It’s important to note that both partners must be at least 18 years old, not related to each other, and not married to anyone else.
Proving a Common Law Marriage
Proving a common law marriage can be done through various forms of evidence, such as joint tax returns, lease agreements, insurance policies, and other documents that show the couple has lived together and represented themselves as married; however, any one of these forms of evidence is not in and of itself conclusive evidence of an informal marriage. In some cases, if one party files for divorce and the other disputes the existence of the marriage, it may be necessary to go to court and have the Judge determine whether an informal marriage exists.
Registering Your Informal Marriage
If you want to ensure your common law marriage is recognized and clear up any ambiguity that might exist, you can register your informal marriage with the Texas Office of Vital Statistics. This process involves filing a Declaration of Informal Marriage with your county clerk’s office.
Steps to Register Your Informal Marriage
- Complete the Declaration Form: Fill out the Declaration of Informal Marriage form, which can be found on the website for the Texas Health and Human Services, Bureau of Vital Statistics.
- Sign the Form: Both parties must sign the form, affirming that they meet the requirements for a common law marriage and are not related in a way that would prohibit marriage.
- Submit the Form: Submit the completed form to your county clerk’s office. The clerk will then register the marriage and provide you with a certificate.
By registering your informal marriage, you create a clear legal record of your union, which can be helpful for various legal and administrative purposes, such as inheritance, insurance, and divorce proceedings.
