How to Prove Common Law Marriage in Texas?

Question from Tigg, How to Prove Common Law Marriage in Texas?

Answer from AI:

In Texas, common law marriage, also known as informal marriage, is recognized under certain conditions. To establish a common law marriage, you must meet specific criteria and provide sufficient evidence. Here’s a general guide to understanding and proving common law marriage in Texas.

Criteria for Common Law Marriage in Texas

To prove a common law marriage in Texas, you must demonstrate the following three elements:

1. **Agreement to be Married**: Both parties must have agreed to be married.
2. **Cohabitation**: The couple must have lived together in Texas as husband and wife.
3. **Representation to Others**: The couple must have represented to others that they are married.

Evidence to Support Common Law Marriage

You mentioned having proof of joint health insurance, auto insurance, cell phone bills, anniversaries, cohabitation for 9 1/2 years, and five affidavits from witnesses. These are strong pieces of evidence, but let’s break down what you have and what else might be helpful:

• Joint Health Insurance: This shows a shared financial responsibility and can be a strong indicator of a marital relationship.
• Auto Insurance: Joint policies can demonstrate a shared life and financial interdependence.
• Cell Phone Bills: These can show shared expenses and communication patterns typical of a married couple.
• Anniversaries: Celebrating anniversaries can indicate a long-term, committed relationship.
• Cohabitation: Living together for 9 1/2 years is a significant period and supports the cohabitation requirement.
• Affidavits from Witnesses: Affidavits from friends or family who can attest to your relationship and how you presented yourselves as married are very valuable.

Additional Evidence That Could Strengthen Your Case

While the evidence you have is substantial, additional documentation can further solidify your claim:

1. Joint Bank Accounts: Demonstrates financial interdependence.
2. Joint Tax Returns: Filing taxes together as a married couple is strong evidence.
3. Property Deeds or Leases: Joint ownership or rental agreements can show a shared household.
4. Children’s Birth Certificates: If you have children together, their birth certificates listing both parents can be compelling evidence.
5. Social Media Posts: Posts or photos that show you presenting yourselves as a married couple.

Legal Steps and Resources

If you believe you have sufficient evidence, you may need to take the following steps:

1. **File a Declaration of Informal Marriage**: This can be done at your county clerk’s office. It’s a formal way to recognize your common law marriage.
2. **Consult with a Family Law Attorney**: Given the complexity of proving common law marriage, it’s advisable to consult with a legal professional who can provide personalized advice and help you navigate the process.

For more detailed information, you can refer to the [Texas Family Code](https://statutes.capitol.texas.gov/Docs/FA/htm/FA.2.htm) which outlines the requirements for common law marriage.

When to Seek Legal Advice

While the information provided here can guide you, it’s crucial to seek legal advice for your specific situation. A family law attorney can help you gather the necessary evidence, file the appropriate documents, and represent you in court if needed.

Remember, each case is unique, and the strength of your evidence can vary. Consulting with a legal professional ensures that you have the best chance of proving your common law marriage.

For more resources, you can visit the [Texas Law Help](https://texaslawhelp.org/) website, which offers self-help legal information and resources.

By following these guidelines and seeking professional advice, you can better understand and navigate the process of proving a common law marriage in Texas.