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Attorneys Kaitlyn Elizabeth Phillips, Roger M. Yale and Brittany Ann Weaver

Common Law Marriage in Texas

On Behalf of | Jul 19, 2017 | Family Law, Firm News |

A common law marriage is when a couple lives together for a period of time and holds themselves out to friends, family, and the community as “being married,” but never goes through a formal ceremony or get a marriage license.

Requirements to Prove Common Law Marriage:

1. Couple agrees to be married;

2. Couple lives together(cohabitates) in this state and,

3. Couple holds themselves out to others as married to each other.

Examples of holding out as being a married couple:

  • Taking the same last name
  • Referring to each other in public as “husband” or “wife”
  • Joint bank accounts
  • Joint credit cards

Both parties must have the legal right or “capacity to marry”

  • Both must be 18 years old
  • Both must be of sound mind
  • Both must not be married to someone else

If a legal action to prove a common law marriage is not commenced within 2 years after the parties ceased living together, a presumption arises that the parties had not agreed to be married.

Contact Yale Law at 940-222-8025 for more information.

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