What makes a common law marriage legal in Texas?
Common law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry in Texas. Texas law states that a common law marriage may be proved by evidence that the couple: “ agreed to be married ”; and
Is same-sex marriage recognized in Texas?
The Texas Legislature has not yet amended the statutory language since the Supreme Court’s decision in Obergefell v. Hodges [PDF], but despite that, same-sex common law marriages are now recognized in Texas. See the resources below to learn more about common law marriage in Texas.
How do I register as a common-law couple in Texas?
The state of Texas allows registration of your common-law union through filing a “Declaration of Informal Marriage” at your county clerk. You may fill out the form in advance, but you will be required to sign it under oath at your clerk’s office.
What is the agreement of marriage requirement in Texas?
According to Texas case law, to meet the “agreement of marriage” requirement, you must provide valid evidence to prove your intent to have a solid marital relationship. It is important to note that a simple agreement to get married in the future is not enough.
Can you have a common law marriage without spoken words?
The case law in Texas states that the purpose of this requirement is that there can be no secret common- law marriage. Spoken words are not necessary to fulfill this requirement. The actions and conduct by each person may be enough to fulfill the requirement of holding out.
Are there any Texas cases similar to WMC’s case?
Research is ongoing. There are no Texas cases that are factually relevant or analogous to WMC’s target situations at this time. Plaintiff must prove that at the time of the conversion, he owned the property, and either had legal possession of it or was entitled to possession. 1