There are a lot of misconceptions about common law marriage out there, and many of them are wildly incorrect as far as the law is concerned. The State of Texas does recognize common law marriages , but the legalities are quite exacting.
While many people are under the impression that living together for a certain amount of time qualifies as being in a common law marriage, this is not the case in Texas β or anywhere else in the United States.
There is no requirement regarding how long a couple lives together in relation to establishing a common law marriage in Texas. However, all of the following requirements do apply when determining if a common law marriage has been established:. Both partners were at least 18 years old when they entered the common law marriage. The couple reached an agreement between themselves that they were married. Neither party to the common law marriage was married to someone else at the time it was created.
While the legal language used refers to a man and wife, this does not alter the fact that same-sex common law marriages are also recognized in the State of Texas.
Once a common law marriage is established, it is the same as any other marriage. The element of the common law marriage involving living together as a married couple means that you and your partner maintained a household together β the way married couples do. The only real requirement is that you live with one another under one roof and do the things that other married couples do. Texas is one of the relatively few states that recognizes common law marriages. The others include the following states:.
