How To Avoid Common Law Marriage

Here in Texas if you are living together (also referred to as “cohabitating” or “informal marriage”) and want to avoid being designated as being in a common law marriage you need to read up and be educated on the law regarding Proof of Informal Marriage.

Common law marriage can have significant legal implications for couples in Texas. Understanding how common law marriage is defined and how to avoid it is crucial for those who wish to remain legally single while living together.

Here we’ll guide you through the nuances of Texas law and provide practical steps to prevent being designated as common law married.

The Texas state law that outlines how to prove a common law or “informal” marriage is covered in Section 2.401 of the Texas Family Code.

In Texas, common law marriage is recognized as a legitimate form of marriage, and it can be established without a formal ceremony or marriage license.

However, it does require certain conditions to be met. According to the Texas Family Code, a common law marriage can be proved if:

1. The couple agrees that they are married.
2. They live together in Texas as a married couple.
3. They represent to others that they are, in fact, married.

These criteria mean that a relationship can be legally binding as a marriage without the couple’s explicit intention, leading to potential legal and financial responsibilities.

Failure to meet these conditions means the law cannot automatically consider the couple married, although disputes may arise over interpretations of behavior and intent.

Steps To Follow

There are several steps you can take to avoid being designated as having a common law marriage, there are a lot of DON’Ts:

1. Do not hold yourself out as being married.
2. Don’t introduce your partner as your spouse.
3. Don’t refer to them as your husband or wife.
4. Don’t file federal tax returns as a married couple. (Totally understand that you want to save money on taxes but this will likely trigger a common law marriage)
5. Keep separate finances: Do not share bank accounts or credit cards with your partner, and keep all financial records separate.
6. Make your intentions clear: Have a conversation with your partner about your intentions and agree that you do not want to be considered married under common law in Texas.
7. Have a written agreement: Consider creating a written agreement with your partner that explicitly states that you are not married under common law in Texas.

It is important to note that simply living apart from your partner for a certain amount of time does not automatically dissolve this type of marriage in Texas.

If all three elements of a common law marriage were present at some point, it may still be considered valid.

Be Proactive

So you need to take proactive steps to avoid establishing a common law marriage if that is your intention.

Give us a call here at Blizzard and Zimmerman Attorneys and schedule a one-on-one consultation with one of our family law lawyers for legal help regarding marriage issues as well as for a cohabitation agreement, prenuptial agreement, divorce, or any family law-related matter. Our legal team will work their best to get you the best outcome for your legal matter.

Related Innformation:

Texas Law Library – Common Law Marriage

Attorney Matt Zimmerman works tirelessly to achieve the greatest possible results for each of our clients. The information provided here does not create any attorney client relationship. You are encouraged to seek and consult with an attorney that is competent in the legal issues you face and qualified to practice law in your state.