Common Law Marriage in Tarrant County Texas

Common law marriage is alive and well in Texas!  Just this last week our law firm received two calls from gentlemen who believed that they were merely living with a "girlfriend" only to find out that they are in fact marriage under Texas law.

So, what qualifies you for common law marriage in Texas? the following is the definition from the Family Law code:

 SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES

Sec. 2.401.AAPROOF OF INFORMAL MARRIAGE.A
(a)AAIn a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:
(1) a declaration of their marriage has been signed as provided by this subchapter; or
(2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.

(b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married.

(c) A person under 18 years of age may not:
(1) be a party to an informal marriage; or
(2) execute a declaration of informal marriage under Section 2.402.

(d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by Acts 1997, 75th Leg., ch. 1362, Sec. 1, eff. Sept. 1,1997.Amended by: Acts 2005, 79th Leg., Ch. 268, Sec. 4.12, eff. September 1,2005.

Now that you have read the statute you may be asking yourself -- "ok, so what does that mean?"It means that if you reside with a person of the opposite sex and hold yourself out to be married, you are husband and wife -- common law married.

Another question you may have is "what is holding yourself out" really mean.  That is an EXCELLENT question.  A recent client told me that there was no way he could be common law married since his girlfriend never took on his last name and they never introduced themselves as husband and wife to anyone, except the IRS.  That's right, if you  a joint tax return with your girlfriend or boyfriend you are common law married.

So what else can qualify you for common law marriage?  Allowing your girlfriend or boyfriend to be covered under your health insurance policy.  If you have done this the health insurance plan has most likely qualified you as "domestic partners."  Domestic partners are persons who reside together and are emotionally and financially dependant upon each other.

If you believe that you are common law married and are looking to get out of your relationship please call Setzer Law Firm PLLC today for a consultation.  We will discuss your options and help you file for divorce if you have qualified as common law under Texas law.