What is the Common Misconception About Common Law Marriage and Duration?
A common myth about common law marriages in Texas is that merely living together for six months establishes a legal marriage. This is absolutely not true. As stated above, you must explicitly agree to be married, live and conduct yourselves as a married couple, and tell others you are married.
The amount of time you live together has no bearing on whether or not you have established a common-law marriage. Many unmarried couples live together for years but have never agreed to be married and do not hold themselves out as spouses. They would not be considered common-law married.
On the other hand, a couple that quickly agrees to be married and tells family/friends that they are married would likely establish a common law marriage, even if they lived together less than six months before separating. It comes down to meeting the three requirements, not the duration.
Why Proving a Common Law Marriage Matters
Proving that a common law marriage exists is extremely important if you and your spouse separate for any reason. As a legal spouse, you may have certain financial rights or obligations, such as the right to receive spousal support or to divide marital property acquired during the marriage.
If you can’t provide enough evidence that the three requirements were met, you may lose out on spousal support, your share of community property, insurance coverage, retirement accounts, inheritance rights, and other legal and financial benefits granted to legal spouses.
If one spouse dies without a Will, the common law marriage must often be proven in court for the survivor to inherit or claim benefits. The more evidence you have (such as telling family or friends you’re married, having a joint bank account, filing joint tax returns, etc.), the easier this process will go.
Basic Requirements for Any Marriage in Texas
In addition to meeting the three common law marriage requirements listed above, you must also meet the state’s basic requirements for any legal marriage:
- Both spouses must be legally eligible to marry. For example, neither can still be married to someone else when the common law marriage occurs.
- Both spouses must be at least 18 years old or have parental or court consent if under 18.
What If You Don’t Meet the Requirements For A Common Law Marriage In Texas?
If you do not meet all the requirements for a common-law marriage before separating from your partner, you likely do not have the legal rights of a spouse regarding spousal support, property division, etc. Your situation would be similar to an unmarried couple living together and then separating.
However, the courts can still divide assets and determine support obligations for unmarried couples and their children based on evidence about each person’s contributions, expenses paid, assets purchased jointly, and other factors. But without a legal marriage, the process can be much more difficult and complex.
Get Legal Help with Your Common Law Marriage in Dallas
Sorting out common law marriage specifics can be complicated, especially if you’ve separated and need to claim legal spousal rights. An experienced Dallas family law attorney can review your situation, gather evidence, and fight to prove your common law marriage exists.
If you think you may be in a common law marriage, or if you’ve separated from a partner you believe you have a common law marriage with, contact a Dallas common law marriage lawyer today to discuss your case. They can help protect your rights through the separation and legal process.
