Many people misunderstand common-law marriage, and assume that living with someone for a certain amount of time makes them legally married. However, for a couple to actually be common law married requires specific legal criteria to be met, which can be difficult, expensive, and time-consuming. Many people don’t understand the legal nuances that separate it from traditional marriage. While common-law...
Continue ReadingWhen a person passes away, the surviving spouse has a right to claim a part of their estate. However, If another heir challenges your inheritance rights, the probate court may ask for legal proof of the marriage. If the marriage is “common-law” and not traditional, proving the marriage existed can be extremely expensive, difficult, and time consuming. Texas law recognizes...
Continue ReadingTexas law recognizes common-law marriage as valid and enforceable. And although there are a number of pros, there are a few cons of common-law marriage to be aware of as well. Entering into any marriage is an important decision. Thus, before moving forward with common-law marriage, make sure you have a basic understanding of both the advantages and disadvantages....
Continue ReadingYes, under Texas law, same-sex common law marriage is permitted. That said, before you move forward with entering into a common law marriage, there are a few things you should know. In this blog post, we will discuss the history of and requirements for same-sex common law marriage in Texas. When you have questions about common law marriage and...
Continue ReadingMyths and misconceptions about common-law marriage are everywhere. For example, some people worry that just because they live with someone for a certain amount of time, they’re automatically married under common law. Others assume they’re in a common-law marriage because perhaps they own property together. However, a valid common-law marriage in Texas requires proof that you and your spouse...
Continue ReadingCommon law marriage (or informal marriage) is a legal mechanism for a couple to access marital rights without a formal ceremony. Both heterosexual and homosexual couples may have a common law marriage. In Texas, the two parties must: The law does not require you to live together for a set time before you can have a common law marriage....
Continue ReadingCouples often live together for many years without formally marrying. Sometimes people take this step to progress their relationship without committing to marriage. Dating companions don’t have any automatic rights regarding inheritances from their partners. Suppose, however, you’ve lived as spouses without the formalities of marriage. A common-law spouse is entitled to inherit just as a formal spouse would....
Continue ReadingMany couples move in together before getting married. Perhaps you want to take your relationship to the next level but aren’t ready for marriage. However, you’ve heard about common law marriage and want to ensure that you don’t inadvertently become legally married. How do you stop a common-law marriage in Texas? What Is Common Law Marriage? What is common...
Continue ReadingTexas is one of a handful of states that recognizes informal marriages as valid. These marriages are not entered into during a ceremony or consecrated in church. The couple does not obtain or file a marriage license. Yet if they satisfy the statutory requirements, Texas law views these individuals as legally married and entitled to all of the benefits...
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