Common law

[torimac]

What is the name of your state (only U.S. law)? TX
I have a question regarding common law. In Texas, it is my understanding that if you share residences, expenses and declare yourself husband and wife, then you have entered a common law marriage.

Does the federal government uphold this? If something happened to me, would my common law husband inherit my belongings, receive social security, etc?

 

[TheGeekess]

What is the name of your state (only U.S. law)? TX
I have a question regarding common law. In Texas, it is my understanding that if you share residences, expenses and declare yourself husband and wife, then you have entered a common law marriage.

Does the federal government uphold this? If something happened to me, would my common law husband inherit my belongings, receive social security, etc?

Marriage and inheritance is one of those things the Feds have (for now) left up to the individual states.

 

[Ohiogal]

Marriage and inheritance is one of those things the Feds have (for now) left up to the individual states.

Not quite. DoMA is a FEDERAL law that deals with marriage. But inheritance would go by Texas law.

 

[LdiJ]

Not quite. DoMA is a FEDERAL law that deals with marriage. But inheritance would go by Texas law.

DoMA is federal law, but its one of those federal laws that is more or less a suggestion that the states adopt, like the UCCJEA. Marriage laws are reserved for the states (which is why some states allow same sex marriage, despite DoMA).

So yes, TX laws apply regarding marriage. And yes, the federal government recognizes any opposite sex common law marriage that a state recognizes.

 

[mistoffolees]

DoMA is federal law, but its one of those federal laws that is more or less a suggestion that the states adopt, like the UCCJEA. Marriage laws are reserved for the states (which is why some states allow same sex marriage, despite DoMA).

So yes, TX laws apply regarding marriage. And yes, the federal government recognizes any opposite sex common law marriage that a state recognizes.

To be a bit more specific, a TX common law marriage is recognized by the IRS and Social Security Administration - which are probably the most likely situations where it would matter.

However, OP needs to be sure that they truly have a common law marriage:
Common Law Marriage

Note that failure to properly establish a common law marriage could create all sorts of issues down the road. There are cases where someone thought they had a common law marriage and only found out that they didn't when their ex walked out after 20 years - and left them with nothing. it is very easy to register a common law marriage (actually an 'informal marriage' in TX), so I would strongly encourage you to do so if that's your intent.

 

[Ohiogal]

DoMA is federal law, but its one of those federal laws that is more or less a suggestion that the states adopt, like the UCCJEA. Marriage laws are reserved for the states (which is why some states allow same sex marriage, despite DoMA).

So yes, TX laws apply regarding marriage. And yes, the federal government recognizes any opposite sex common law marriage that a state recognizes.

WRONG. DoMA is controlling law. It wipes away the full faith and credit clause of the constitution within its wording. Until it is overturned, it is NOT a suggestion regarding marriage. DoMA does NOT outlaw same sex marriage. But it does regulate marriage in one way.

 

[LdiJ]

WRONG. DoMA is controlling law. It wipes away the full faith and credit clause of the constitution within its wording. Until it is overturned, it is NOT a suggestion regarding marriage. DoMA does NOT outlaw same sex marriage. But it does regulate marriage in one way.

An "act" cannot wipe out anything in the constitution. Only a constitutional amendment (ratified by the states) can change anything in the constitution or override anything in the constitution.

DoMA wipes out the full faith and credit clauses in other federal legislation that have been adopted by the states. The feds do not have any authority to legislate marriage or any other family law issues. Those issues are reserved for the states. The feds may merely suggest legislation (again ie the UCCJEA) and encourage states to pass similar legislation.

 

[mistoffolees]

An "act" cannot wipe out anything in the constitution. Only a constitutional amendment (ratified by the states) can change anything in the constitution or override anything in the constitution.

DoMA wipes out the full faith and credit clauses in other federal legislation that have been adopted by the states. The feds do not have any authority to legislate marriage or any other family law issues. Those issues are reserved for the states. The feds may merely suggest legislation (again ie the UCCJEA) and encourage states to pass similar legislation.

The two of you are arguing over something pointless.

It is clear that a TX common law marriage is recognized both by the state of TX and by the Federal government, at least as far as taxes and social security are concerned.

OP's question is therefore answered.

 

[LdiJ]

The two of you are arguing over something pointless.

It is clear that a TX common law marriage is recognized both by the state of TX and by the Federal government, at least as far as taxes and social security are concerned.

OP's question is therefore answered.

Yes, his question has been answered.