Do We Have a Common Law Marriage or Just Live Together? 3 Elements Texas Courts Look For

It’s not uncommon for Texas couples to live together for years, either before marriage or without ever getting married by an officiant. However, even if a couple never goes to the courtroom or says their vows before loved ones in a church, they may still be considered technically married if they have a common law marriage. While a shrinking number of states still recognize common law marriage, Texas still recognizes this as a legitimate form of marriage. This may be important when a couple splits up. If they were married in the eyes of the law, that may require an official dissolution, division of assets, and everything else required with a divorce. If you fit into this category, talking to a divorce lawyer in Texas may be your next step.

Divorcing as a common law spouse is a complicated task, and having the right divorce attorney makes a difference. At Garza Law Office, PLLC, attorney Dora Alicia Garza provides committed, results-focused representation to every client she accepts. Her extensive understanding of Texas law and the unique needs of local couples makes her a valuable asset to divorcing clients. Call us at 956-329-1304 to set up a time to meet at our divorce law firm now.

What is a Common Law Marriage Under Texas Law

The state of Texas officially defines what a common law marriage is. It’s important to note that there are three specific standards that must be met before a couple is considered to be in a common law marriage. It’s not enough to be living together or dating for years. A couple could live together for decades, but if they don’t meet the following three criteria, they will not be considered married.

An Agreement to Be Married

The foundation of a common law marriage is a mutual agreement to be married. The couple must agree to be and consider themselves married. This isn’t the same as engagement; it’s not saying that they hope to be married one day, but that they are married right now. If you’re meeting with a divorce lawyer and your spouse claiming that you aren’t in a common law marriage, there are several ways you can prove that you meet this requirement. You may have exchanged vows or rings outside of a formal ceremony, file joint taxes, list each other as spouses on paperwork, or refer to each other as husband and wife.

Planning a future wedding, being engaged, only one partner believing that they are married, or a long-term relationship with no discussions about marriage are all situations that do not meet this requirement.

Must Live As a Married Couple

The next requirement is that the couple must live in Texas together as spouses. There isn’t a specific time requirement for this, but you should be able to show that you lived together and didn’t just have overnight stays on a regular basis. For example, if you are both on a lease, both on a bill of sale, both receive mail at the same address, or have proof of sharing household responsibilities, those are all signs that you have chosen to live as a married couple. Your divorce attorney may help you get the documentation needed to prove that you live together in a way that fulfills this criteria.

Must Hold Yourselves Out As Married

This element is commonly disputed, and it’s where many common law marriage claims fall apart. The couple in question must consistently present themselves to others as married. Some things that don’t qualify as “holding yourselves out as married” include keeping your relationship private, only telling a few people that you are married, or varying accounts among friends and family members regarding your status.

You may hold yourselves out as married if you refer to each other as husband and wife while talking to other people, use the same last name, wear rings, celebrate anniversaries, call each other “spouse” on paperwork, or refer to each other as husband and wife on social media.

If you’re navigating a divorce with a common law spouse, they may try to claim that you were never married as a way to avoid giving up assets. This is why we recommend meeting with a divorce law firm early in the process.

Explore Your Legal Options With Garza Law Office, PLLC

If you’re worried about your divorce case falling apart because you’re struggling to prove your common law status, let’s talk. Connect with our team online or call us at 956-329-1304 to get started.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.