

To meet the second requirement, a couple has to maintain a household and do things commonly done by spouses. However, they can cohabitate for as little as one day, meet the other statutory requirements, and be considered common law married. Some couples mistakenly believe they will automatically be common law married if they just live together long enough. The second element of a common law marriage requires a couple to live together, but Texas law does not set a minimum amount of time to do so. How Long Does A Couple Have To Live Together? Evidence like this may be sufficient to demonstrate that there’s an agreement to be married.

Courts will typically look at the couple’s actions, for example, if there is video of a proposal or there is an engagement ring, even calling each other husband and wife in text messages could also count. In theory, a couple could write down their marriage proposal, but this is unlikely. This is more than just an agreement to get married at some point in the future. Texas law requires sufficient evidence to show an intent to have a present, immediate, and permanent marital relationship. This can present a challenge, however, to demonstrating an agreement actually exists. There is no requirement that this agreement be in writing. Under the first element, there only needs to be an agreement to be married. Does The Agreement Have To Be In Writing? That means they both must be at least 18 years of age, of sound mind, not related to each other, and not already married to someone else. The couple holds itself out to the community (tells other people) as marriedīoth spouses must also have the legal capacity to be married.The couple cohabitates (lives together) in the State as spouses.Two consenting adults who have an agreement to be married.Under the Texas Family Code, there are only three requirements for a Texas couple to be considered common law married: What Are The Requirements Of Common Law Marriages? But there are a few specific preconditions of common law marriages. These unions are becoming more relevant, given the number of couples who are living together without formally getting married. Two individuals may be legally acknowledged as married without having to obtain a marriage license or conduct a ceremony. What Is Common Law Marriage?Ĭommon law marriage is a way for Texas couples to get married without the requirements of a traditional marriage.

The experienced team at Youngberg Law Firm is here to answer your family law questions. However, not everyone understands the requirements of a common law marriage, and there are a number of consequences that come with it. Couples can have their union legally recognized without the formalities of a traditional marriage. Common law marriage, also known as informal marriage, is legal in Texas.
