Common Law Marriage

[XXDarrienX]

Well the gf has brought this up to me that we are considered married since we have been living together for over six months in the State of Texas that means legally we are married. I did some research but it was heresay on a website that in Texas you have to pass a 3 prong test that proves you are. In her words cohabitation for 6 months means were married. Tell me thats not true if anyone knows that answer it would be appreciated.

[Bella_Vixen]

I've heard that common law marriages aren't legal anymore.

[Millahtyme1983]

I've heard that common law marriages aren't legal anymore.

I'm not 100% on this, but I think it's up to the state, and most states did do away with it. But if Texas still has it, I doubt it's 6 months, IIRC it has to be a certain number of years.

[XXDarrienX]

Welp EQ gave me my own answer in PM.


There are two ways a couple may prove that they are informally married:
They can file a Declaration of Informal Marriage (available from the County Clerk's office) or

They meet all of the following conditions:



the couple agrees that they are married
they live together in Texas
They represent themselves or "hold out" to other individuals that they are married to one another
If the couple should split up and one of the individuals wishes to prove in a proceeding that the common-law marriage had occurred, she or he must start the determination process before the second anniversary of the date on which the couple separated and ceased living together. Otherwise, it is rebuttably presumed that the individuals did not agree to being married. [FC 2.401]

[PuckishOne]

It depends where you live, and the rules are different for each state.

This is the actual Texas statute:

Sec. 2.401. 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.

According to part (b)(a)(2) you'd have to be together for at least 2 years.

[Evil Queen]

Other searches tell me that the minimum requirement years for living together is two years.

You also must refer to the girlfriend as your wife, to which you clearly do not.

[Evil Queen]

Invest in a pre-nup if/when you do finally get married (preferably, not to her). It'll save you a lot of grief in the long run.

[Andara Bledin]

The GF sounds a little scary if she honestly believes (or just wants you to believe) that you two living together for less than a year equals being legally married.

^-.-^

[Evil Queen]

Yeah. I mean, if that was true... then I'm married to a whole mess of guys! :eek: