Many people believe they know whether they are married. After all, marriage usually involves a ceremony, a marriage license, and a trip to the courthouse. But in Texas, that is not always the case. Common law marriage in Texas is the blended family problem you may not know you have.
Texas is one of the few states that recognizes common law marriage. As a result, some couples may be legally married under Texas law even though they never had a wedding, never obtained a marriage license, and never intended to create the legal consequences of marriage.
This can create significant Texas estate planning complications.
What Is a Common Law Marriage?
A common law marriage is a legally recognized marriage that arises without a formal ceremony.
Texas law generally looks at three factors:
- The couple agrees they are married.
- The couple lives together.
- The couple represents to others that they are married.
In practice, Texas courts often look at the couple’s actions. Did they introduce each other as husband and wife? Did they file taxes together? Did they hold themselves out to family, friends, and the public as a married couple?
The analysis under Texas law is highly fact-specific, which is one reason common law marriage can become so complicated.
The Part That Surprises Most Texans
Many Texans believe there is a minimum amount of time required before a common law marriage can exist.
That is not true.
There is no six-month rule. There is no one-year rule. There is no five-year rule.
Texas law does not establish a minimum period of cohabitation before a common law marriage can arise. As a result, many people are surprised to learn that the issue is not how long a couple has lived together, but rather whether the legal requirements under Texas law have been satisfied.
Why This Matters for Texas Blended Families
Common law marriage issues frequently arise in Texas blended family situations.
A widow or widower may begin a new relationship later in life. The couple may move in together and share finances. They may refer to each other as spouses in casual conversation.
Years later, one partner dies.
At that point, children from a prior marriage may discover that the surviving partner claims to be the deceased person’s spouse.
If a valid common law marriage existed under Texas law, the surviving spouse may have inheritance rights, Texas probate homestead rights, and other protections provided by Texas law.
The result can be confusion, conflict, and expensive litigation among family members who never anticipated that marriage was even an issue.
There Is No “Common Law Divorce” Under Texas Law
Another common misconception is that a common law marriage can simply be ended by moving out or deciding the relationship is over.
Texas law does not recognize a separate process called a common law divorce.
If a valid common law marriage exists, the couple must generally go through the same divorce process as any other married couple under Texas law.
In other words, once you are married under Texas law, you are married until a court says otherwise.
Planning Ahead Can Prevent Future Problems
For Texas blended families, common law marriage is the problem you may not know you have. Few issues create more uncertainty than unclear family relationships.
Whether you are entering a new relationship, living with a long-term partner, or have children from a prior marriage, it is important to understand how Texas law may view your situation.
Proper Texas estate planning can help clarify intentions, reduce future disputes, and ensure that your assets pass according to your wishes rather than leaving your family to sort out difficult legal questions after your death.
For many Texas blended families, addressing common law marriage issues before a crisis occurs can prevent costly litigation and unintended consequences.
Because when it comes to common law marriage in Texas, many people do not realize there is a question until it becomes a problem. If you would like to learn more about common law marriage in Texas, please watch the short video below, or visit our previous common law marriage posts.
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This information is NOT intended to be used as legal or tax advice, nor does it establish an attorney-client relationship with Texas Trust Law or any of its attorneys. Please contact your own appropriate advisors to discuss the benefits and effects of any particular legal, charitable & tax strategy.