She now wants to break up with Ignacio but she wants to receive alimony. Can she? The answer would depend on whether or not Ignacio and Stella were in a common law marriage. Are they in a common law marriage based on what we know so far about them? Probably not. But, the final answer would depend solely on the totality of their circumstances. Furthermore, does Texas even recognize common law marriages? Let's discuss the answer to that question a little more below.
The short answer is yes. Texas does recognize common law marriages. In Texas, a common law marriage is called an informal marriage. However, certain requirements must be met in order for a common law marriage to be established. If all of the requirements are not met, then, if and when the couple separates or divorces, their property rights may be affected. Can you file for a divorce if you are informally married in Texas?
Often times, you can do it by yourself. However, some situations may require the assistance of an attorney. We will discuss how common law marriages are created in Texas below. So how are informal marriages created in Texas?
A Real Life Example
Informal marriages are created when all of the following takes place:. The couple entered into an agreement to be married; and The couple held themselves out to others that they were married; and The couple lived together in Texas.
Moreover, according to the Texas Family Code, Section 2. It is important to be clear on whether or not a common law marriage has been established because once a common law marriage has been created, it will have an effect on property distribution if and when a couple ever decides to get divorced.
Keeping Ignacio and Stella in mind, have they satisfied all of the requirements that are needed to establish an informal marriage in Texas? Let's discuss why they haven't formed an informal marriage. For starters, they had an agreement to be married. However, they didn't have a clear understanding that they were actually married. Next, Ignacio and Stella held themselves out to others that they were married. That requirement was fulfilled because they filed joint tax returns.
Also, they lived together in Texas. Although Ignacio and Stella satisfied two of the requirements to form.
Let's move on and talk about how to go about challenging a claim that a common law marriage exist. Can a claim that a common law marriage exists be challenged?
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- Estate litigation and common-law marriage: A recent case in Texas.
- Dissolving a Common Law Marriage.
This typically happens when someone files for a divorce without ever getting a marriage license. To illustrate this a bit more, let's change some of Ignacio and Stella's circumstances.
Busting Common-Law Marriage Myths in Texas
Let's say that Ignacio and Stella agreed that they were already married and that they intended on planning a church ceremony to celebrate their agreement. They told family and friends that they were married and they lived together in Fresno up until last month when Stella called it quits. It is only in my name. When he said that, I knew he was not understanding what I was saying.
What Constitutes a Common Law Marriage?
I decided to try giving him an analogy. I explained to him common-law marriage is like that. My consult concluded that he should never have signed the affidavit of informal marriage. Apparently, his wife had convinced him that it would a good idea for them sign the affidavit. However, he never felt like he had benefited from the affidavit and only she had. Under Texas Family Code Section 2. One thing a Declaration of Informal Marriage allows a couple to do is choose the date of their marriage.
In the above consult, the man was extremely frustrated that Texas had laws that recognize the common-law marriage. However, Texas is not the only state. The following states have laws regarding common-law marriage:. An informal or common-law marriage is a marriage between two people who have not obtained a marriage license and participated in a marriage ceremony and under Texas Family Code Section 2.
This means that in an evidentiary hearing, the spouse alleging a common-law marriage will need to put on evidence that the parties intended to have a present, immediate, and permanent marital relationship wherein they both agreed to be husband and wife. An agreement to get married at some later time in the future is not sufficient to establish an agreement to be married.
Which States Recognize Common Law Marriage? | Nolo
If there is no written agreement to be married, your actions and the actions of the other party can be used to prove that there was an agreement to be married. The next element needed to establish a common-law marriage is that the parties must have lived together in Texas as husband and wife. Texas case law states that to meet the element of living together as husband and wife, you must demonstrate that you maintained a household and did things that are commonly done by a husband and a wife.
There is no minimum number of days you must have resided together in Texas to meet this requirement. The final element needed to establish a common-law marriage is that parties must have told other people in Texas that they were married. Contrary to what some people believe, there is no statute of limitations for establishing a common-law marriage.
Common Law Marriages in Texas
Provided that the elements are met that:. If a common-law marriage exists, it has the same legal significance as a ceremonial marriage. This means:. Practically speaking, if there are children resulting from a common-law marriage or property acquired during the term of the marriage, as a divorce is sometimes the best and easiest way to dissolve the relationship. One example of this is from a case where I represented a mother who, in addition to having a child with the father, purchased a home with him.
Unfortunately, when I looked at the elements to see if we could establish a common-law marriage, there was no evidence in support. It was easy enough to establish orders regarding the child. Unfortunately, disentangling her from the house could not be accomplished at the same time and had to be pursued in a different lawsuit. This was frustrating for her because the father was living in the house rent-free and was not paying any of the bills.
The main reason people want to prove that a common-law marriage exists is stuff or property. They want to divide up property that may have been acquired during the marriage. That happens to also be the most common reason why someone wants to deny the existence of a common-law marriage. They want to avoid allowing their alleged spouse from getting community property rights over any of the property.
If the party with most of the property can prevent the existence of a common-law marriage being proven, then the alleged spouse has no rights to their property.