Common law marriage is one of the easier ways to be considered married in Texas. There is no set time limit where you and your spouse must live together, you do not have to go through a wedding or marriage ceremony, and you can reap the benefits that a traditional married couple receives, including those benefits present during a divorce. A skilled lawyer with experience in common law and traditional marriage can help better explain both sides, the good and the bad.
What is Common Law Marriage?
Common law marriage is a way for couples to access the marital rights of a traditional married union without having to go through the ceremony generally associated with one. Both straight and gay couples can become officially married through a common law marriage in Texas. For a common law marriage to be made official, both parties must agree to be married to one another, live together as a married couple in Texas, and present themselves to others as married. You can present yourselves as married by acting as a married couple publicly. This can include:
- Sharing bills that use the same last name of one spouse
- Filing joint income taxes
- Making joint purchases on things like vehicles or a house
- Testimony of friends, family, and community attesting to your marital status
The key is to remain consistent in your display and not use marriage only when it appears beneficial to you. A court could easily decide not to acknowledge your common law marriage as legitimate if they find evidence that the benefits are being abused.
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