5 Things to Know About Common Law Marriage in Texas

Tyler Kubinski • Jun 30, 2020

What is Common Law Marriage?

Common Law Marriage allows couples that did not have a ceremonial marriage to have the same rights and protections as a traditional marriage.

What qualifies a Common Law Marriage in Texas?

In Texas, Common Law Marriage requires three elements:

A present intent to be married by the couple
Living together as husband and wife
Holding out to others that you are married, for example, filing a joint tax return.

If any element is missing, then there is no Common Law Marriage.

What are the benefits of a Common Law Marriage?

Common Law Marriage in Texas allows couples to receive the same rights and protections as couples that had a traditional wedding and/or ceremony. Common Law Marriage allows couples to file a joint tax return, apply for medical benefits on each other’s medical plans, and acquire community property.

I have lived with my partner for 'X' years, am I Common Law Married?

It depends. Unless you have met all three elements listed above at the same time, you are not Common Law Married. There is a common myth that if you live with your partner for a certain number of years, for example, 7 years, you are Common Law Married. This is incorrect and still requires you and your partner to have met all the elements listed above.

My Common Law Marriage has ended, do I need to file for Divorce?

It depends. The time period in Texas to file for a Divorce of a Common Law Marriage is two years from the date of separation from your partner. It may be beneficial to file for Divorce if you have a child with your partner or you want to divide the property acquired during the marriage.

There are a lot of myths about Common Law Marriage, if we didn't answer your question here feel free to schedule an appointment so we can understand your situation more and better advise you.

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