Full question:
My ex-wife moved into my apartment because of hardship. It was only supposed to be for a few months which has turned into a year. I have no intentions of remarrying her but I was willing to help her until she got back on her feet. I recently told her that she would have to move soon because this was not the arrangement we verbally agreed upon. She at that point replied to me that we are currently considered to be common law married. I would like to know how to protect myself from a common law marriage as I live in Texas. Are there any forms I can utilize as to remedy this?
- Category: Marriage
- Subcategory: Common Law Marriage
- Date:
- State: Texas
Answer:
Common-law marriage is known as an "informal marriage," which can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a 3-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas for an extended period of time (usually 3 years); and (3) representation to others that the parties are married. However, if a couple does not commence a proceeding to prove their relationship was a marriage within two years of the end of the relationship, by law the marriage never existed in the first place, and no agreement to be married was ever present. Couples living in an unmarried relationship can and often fall afoul of the Texas "common law" marriage. A nonmarital agreement can avoid this unexpected problem.
The following are TX statutes:
2.401 FAM. Proof of Informal Marriage
(a) In a judicial, administrative, or other proceeding, the marriage of
a man and woman may be proved by evidence that:
(1) a declaration of their marriage has been signed as provided by this
subchapter; or
(2) the man and woman agreed to be married and after the agreement they
lived together in this state as husband and wife and there represented to
others that they were married.
(b) If a proceeding in which a marriage is to be proved as provided by
Subsection (a)(2) is not commenced before the second anniversary of the
date on which the parties separated and ceased living together, it is
rebuttably presumed that the parties did not enter into an agreement to
be married.
(c) A person under 18 years of age may not:
(1) be a party to an informal marriage; or
(2) execute a declaration of informal marriage under Section 2.402.
(d) A person may not be a party to an informal marriage or execute a
declaration of an informal marriage if the person is presently married to
a person who is not the other party to the informal marriage or
declaration of an informal marriage, as applicable
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
