Family Law 101: Am I Common Law Married If so, Do I Have to Get Divorced ( Informal Marriage Texas)

No doubt youve heard this misconception If you live together with someone X number of years, youre commonlaw married in Texas. Truth is, that is flat wrong. To be commonlaw married or informally married (as its referred to in the Texas Family Code), you must satisfy three distinct elements: 1) you had an agreement to be married (can be inferred), 2) you lived together as a married couple, and 3) you held yourselves out as married. The cases usually turn on the held yourself out piece. So, if youre living with someone you call husband, wife, youve filed taxes as a married couple, and youre listed as a spouse on the other persons insurance youre likely informally married. And thats a big deal because informal marriages are treated the same as regular marriages in Texas. If want to end it you have to get regular (mostly) divorced. It doesnt just dissolve or go away when you break up. Youll have to go through the court process, handle the division of community property, c