Aminu Law Firm, PLLC
Family Law | Litigation Lawyers
  • Home
  • Attorneys
    • Rachael Aminu
    • Jody-Ann Greenwood
    • Emmanuel Asiriuwa
  • Family Law
  • Other Practice Areas
    • Mediation
    • Family Immigration Law
    • Estate Planning
  • Blog
  • Resources
    • E-Books
  • Contact Us
  • Disclaimer

CALL US: 1-832-529-1255

Schedule a Consultation Today

February 13, 2019

Common Law Marriage in Texas | How to Prove Informal Marriage

Common law marriage is also known as marriage without formalities. Others call it an informal marriage. It is a valid and legal way for a couple to marry in Texas. Section 2.401 of the Texas Family Code noted that a common law marriage may be proved by evidence that the couple represented to others that they were married.

How do you prove common law marriage in Texas?

If a Texas, common law marriage may not be registered; however, the couple can legalize their relationship. There are three requirements:
  1. Both parties, at age of majority, must agree to the marriage,
  2. Live together in Texas as husband and wife, 
  3. Not married to other persons, and
  4. Hold themselves out to the public as a married couple.

How many years do you have to live together for common law marriage in Texas?

There is no specific length of time that proves whether a common law marriage. Despite the myths and common belief, the length of time may be a factor; however, it alone is not enough to prove a common law marriage. The couple must meet the requirements above. 

Factors that you can use to prove common law marriage?

The court can infer there is an agreement to be married and holding out to others by proof that you lived together. Also, if:
  1. you told others that you were married,
  2. used your partner’s last name,
  3. filed joint tax returns as spouses or as a married person filing singly,
  4. signed leases or other documents as spouses, made joint purchases,
  5. included your partner on your health insurance,
  6. made your partner the beneficiary of a life insurance policy,
  7. made joint loan applications or agreements,
  8. applied for public benefits and listed your partner as “spouse”,
  9. having children together, and
  10. a witness or family member can testify about your informal marriage.

Note that introducing your partner as your spouse on a single occasion may not be enough by itself; however, you can use it with other evidence to prove requirement #4 above.

Overall, you may need to prove the validity of your marriage for divorce. Talk to a family attorney about your specific facts. (832) 529-1255

Divorce Mediation in Texas | The Benefits and Process Divorce: How to Terminate a Common Law Marriage

Related Posts

Texas Family Law

What is Common Law Marriage?

Texas Family Law

Who Can File Suit for Custody? General Standing | Texas Custody

Texas Family Law

Grounds for Fault in Divorces | Texas Divorce

FREE CASE EVALUATION

We advocate for your interests in family and immigration matters. Call (832) 529-1255 or fill out the contact form for a free case evaluation.

Recent Posts

  • The Differences Between Naturalization and Citizenship
  • What is Common Law Marriage?
  • Who Can File Suit for Custody? General Standing | Texas Custody
  • Grounds for Fault in Divorces | Texas Divorce
  • Farmers’ Pathway to Citizenship – Immigration Law

Disclaimer

Your use of this site does not create an attorney-client relationship between you and Aminu Law Firm or its staff. No information you submit to us will be treated as confidential/privileged unless there is a signed, pre-existing express written agreement (“engagement letter”) between you and this firm. The posts are for informational or educational purposes and should not be treated as legal advice.

Categories

Aminu Law Firm, PLLC
Location

8300 FM 1960 Road W.,
Suite 450
Houston, TX 77070

8325291255

Copyright © 2018 Aminu Law Firm PLLC, All Rights Reserved
Privacy Policy | Disclaimer