Breaking Up a Common Law Marriage: Property, Debt, and Custody When There Was No Wedding

In Texas, a marriage doesn’t always start with a wedding ceremony or an exchange of rings. Because our state recognizes common law marriage, couples can have a legally recognized marriage without going through the legal process. But when a common law marriage ends, the same issues have to be addressed—the division of assets, child custody, and child support, to name a few. It’s crucial to discuss your concerns with a divorce attorney in Texas early on in the process to protect yourself.

At Garza Law Office, PLLC, we understand that ending a common law marriage can be complex and time-consuming—especially if one party disputes the existence of the marriage at all. Attorney Dora Alicia Garza brings her in-depth knowledge of complex family law issues to every case she accepts, helping clients fight for a fair outcome that gives them the fresh start they deserve. Set up a consultation with our divorce law firm now by calling us at 956-329-1304.

Making Sure You Have a Common Law Marriage

People are often surprised to learn that they may have to prove the validity of their marriage before they can pursue a divorce. This often happens when one spouse realizes that being in a common law marriage means they’ll still have to divide assets, take on shared debts, and negotiate a custody agreement. They may hope that by invalidating the marriage, they can just “break up,” keep what’s theirs, and avoid a custody battle.

This adds another layer of stress to an already stressful time. Basically, you’ll need to prove that three elements exist:

• You had an agreement to be married.
• You lived together as spouses.
• You represented yourselves to others as married.

An experienced Texas family lawyer understands the importance of proving a common law marriage and how to prove your marriage in a way that allows you to fight for what’s yours in a divorce.

Why Common Law Marriage Requires a Divorce

People who are in a common law marriage may not even realize that they need to go through the divorce process. Just because a marriage doesn’t start with a formal legal agreement does not mean that a divorce isn’t required—if a valid common law marriage exists, you should expect to formally divorce in order to cut ties and start over.

If you do not go through the divorce process, you may remain technically married. This may affect you when it comes to taxes, property rights, and financial obligations.

How Property is Divided

Texas is a community property state, so it’s generally presumed that any assets acquired during a marriage belong to both spouses. This applies both to ceremonial marriages and common law marriages. Property you may need to divide includes:

• Income earned during the marriage
• Real estate purchases
• Vehicles
• Personal property
• Retirement and savings accounts

The goal of the court is to divide community property in a way that’s just and right. Working with a divorce attorney in Texas puts you in a stronger position to advocate for a split that leaves you ready to start the next chapter of your life.

What About Debt?

Just like property is shared during a common law marriage, so too is debt. Shared debts may include credit cards, personal loans, auto loans, medical bills, and mortgages. In many cases, it doesn’t matter who used an account the most or benefited from the debt more; it remains shared.

Custody Concerns

When an informally married couple shares children, they will need to address child custody matters when they divorce. Texas courts focus on the best interests of the child or children when determining how to split time and whom the child or children should live with.

Research generally supports a child having substantial time with both parents. If you don’t believe that this is in the best interests of your child, you may need to prove it in court with the assistance of a divorce lawyer.

Navigate Your Texas Common Law Divorce With Garza Law Office, PLLC

At our divorce law firm, we strive to help individuals break free of marriages that no longer serve them and move forward. Call us at 956-329-1304 or fill out our online contact form to set up a consultation.

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.