• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Texas time for common marriage law

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



ENASNI

Senior Member
One of these days Alice

ralphc said:
TEXAS anyone knows how long period of time cohabitating in Texas to become common law marriage?

Sorry if I seem terse here..

but a search engine is a terrible thing to waste.

Go to Google... put in common law marriage... Texas..
Shoot you can probably put in your county...

Mucho informacion Tex.. and time is not the only factor...
 

TexasBlues

Junior Member
Time really isn't a factor. It's a three prong test:

1. Register a declaration of intention to marry with the county clerk (this has to be done together; one person cannot do this and sign for the other person).

2. Live together (have to show proof such as utility bills or a lease agreement in both names, using the same last name).

3. Mutually present yourselves to other's as husband and wife (simply saying you are married isn't enough proof. Legal proof is showing a joint income tax return, joint banking account, or joint lease agreement/mortgage statement; all listing both names, using the same last name).

You have to be able to prove all three things. If you stop living together, either person has 2 years to begin a legal proceeding to determine if an informal marriage existed. If one did, you have to get a divorce. If the 3-prong test cannot be proven, or if the 2 year statue of limitations expires, the courts say that no informal marriage every existed, and the people do not have to get a divorce.

It's pretty easy to understand, but extremely hard to prove. Most people don't know about the 3-prong test, so when things go bad and a relationship ends, they are really mad when they find out that they aren't considered informally married in Texas.
 
S

seniorjudge

Guest
ralphc said:
Thank you for your input regarding this matter.
There are generally two ways to prove a common law marriage:

One of the parties dies and the other party files for probate as spouse

OR

one of the parties sues the other for divorce.
 

TexasBlues

Junior Member
A part of the beauty of being an American...we can sue for any reason we want. That doesn't mean that the person will win. Legal actions are expensive and time consuming. The smart person does the investigative work to see if it's worth their time and money. Don't rely on the advice of others. Look up the codes for yourself, use your mind, and make the decision you can live with.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top