What You Need to Know About Family Law and Common Law Marriage in Texas

Family LawWhile practicing family law, many people ask us questions about Common Law marriage, when it applies and what it means for couples.  Every state has different definitions and laws that define what makes a marriage, so it is important to understand what the regulations are for this state.  At times, people are considered legally married without even knowing it.

Here are answers to commonly asked questions:

I am living with someone.  Does that make us married?
According to the state of Texas, you may be. The answer depends on whether or not you are living together in a romantic “marriage” relationship or if you are simply roommates. Additionally, you need to tell people that you are married or introduce each other in that way.

I call my girlfriend my wife.  Does that make us married?
If you are living together and frequently use that term for each other, the law may consider you to actually be husband and wife.  If you don’t intend to marry your partner, you need to make it clear that your relationship is not a marriage relationship but a dating one. You must also agree to be married so if that conversation has never come up, you could be considered single. This can be confusing so if you are unsure if you are married or not, consult with an expert in family law.

If we apply for credit together are we married?
Potentially.  You still need to meet the other conditions such as living together, telling people you are married and agreeing to be married.  If you apply for credit together and check the box for being married without verbally introducing each other as such, that could still meet that aspect of the criteria.

Is there a timeframe for how long we need to live together first?
No, in the state of Texas, you can be married under Common Law by meeting the three key provisions even if you just started living together.  This is the one aspect that confuses a lot of people that move from out of state as many other states require couples to live together for several years or longer.

What happens if we want to break up?
Couples that are considered to be married under Common Law have to go through the divorce process just like married couples do.  This is a real surprise for people that never anticipated this. If the state believes you are married, based on your actions, you need to go through the entire process. That means you have to meet certain criteria in order to “divorce”, regardless of whether or not you knew you were married. This includes living apart for three years, abandonment for a year or longer, one person being confined to a mental hospital, cruelty or a felony conviction.  If you prove one of these factors, you may qualify for a divorce.

If you are unsure about the current status of your relationship, schedule an appointment.  We will review your situation and discuss the family law with you so that you know how to proceed and what your legal options are.