Another Valentine's Day with no Marriage Proposal? Do You Qualify for Common Law Marriage in Dallas County, Texas?

Another Valentine's Day with no Marriage proposal? Do You Qualify for Common Law Marriage in Texas?

Discovering Your Legal Status - Common Law Marriage in Dallas, Texas

Valentine’s Day often brings a flurry of diamond rings and "Yes!" moments. However, for many couples in Texas, another February 14th passes without a formal proposal, leading to a sense of frustration or a feeling of being "stuck" in relationship limbo. But here is a reality check that might surprise you: In the eyes of Texas law, you might already be married.

While you might be waiting for a ceremony at a chapel or a formal license from the courthouse, Texas is one of the few states that recognizes Informal Marriage, popularly known as Common Law Marriage. At Garcia-Windsor, we frequently meet with individuals who are shocked to discover that their "long-term dating" or "cohabitation" has already crossed the legal threshold into a binding marriage. Understanding these laws is crucial, not just for your romantic clarity, but for your financial and legal protection if this leads to a divorce.

The Myth of the "Seven-Year Rule"

Before we dive into the requirements, let’s dispel a major myth. Many people believe that if you live together for seven years, you are automatically common law married. This is false. In Texas, there is no specific time requirement. You could technically meet the requirements for an informal marriage in a single weekend without the trip to Las Vegas, if the specific legal criteria are met.

The Three Pillars of Common Law Marriage in Texas

Under the Texas Family Code, an informal marriage is established if three elements coexist at the same time:

1. The Agreement to Be Married This is the foundational element. Both parties must have a present, immediate, and mutual intent to be husband and wife. It isn't an agreement to get married someday (that is just an engagement); it is an agreement that "we are married right now."

2. Living Together (Cohabitation) You must live together in Texas as a married couple. While the law doesn't specify a duration, it does require a shared residence where you maintain a household together.

3. Representing to Others ("Holding Out") This is often where cases are won or lost. Do you tell the world you are married? This includes:

• Introducing each other as "my husband" or "my wife."

• Filing joint tax returns.

• Naming each other as "spouse" on insurance policies or credit applications.

• Addressing mail or invitations as a married couple.

  
  

Why Does This Matter This Valentine’s Day?

If you are sitting across the table from your partner this Valentine’s Day wondering why there isn't a ring, you need to consider the legal implications of your current status. If you meet the three criteria above, you don't need a proposal, you are legally married.

This carries significant weight if the relationship ends. In Texas, there is no such thing as a "Common Law Divorce." If you are common law married, you must go through a formal legal divorce process to divide community property, determine alimony, and establish child custody in Dallas, Texas.

The Risks of Legal Ambiguity

Being "accidentally" married can lead to complex legal battles. For example:

• Property Rights: Texas is a community property state. Property & Assets acquired during an informal marriage are owned by both parties.

• Inheritance: If one partner passes away without a will, the "surviving spouse" has significant claims to the estate.

• Debt Liability: You may be held responsible for debts your partner accrued during the time you were legally (even if informally) married.

  
  

If you are unsure of your status, it is vital to consult with an experienced family law attorney. We can help you file a Declaration of Informal Marriage, which provides a paper trail for your status, or help you navigate the complexities of a dissolution of marriage if you realize the relationship is no longer viable.

Take Control of Your Future

Valentine's Day should be about love and commitment, but it should also be about clarity. Don't let the lack of a traditional proposal leave you in a legal gray area. Whether you want to affirm your union or protect your assets as you move on, understanding your rights under Texas law is the first step.

At Garcia-Windsor, we specialize in providing sophisticated, compassionate representation for complex family dynamics. We help residents in Dallas and throughout Texas understand the nuances of informal marriage and domestic partnerships in Dallas County.

Are you unsure if your relationship qualifies as a Common Law Marriage? Don't wait for another Valentine's Day to find out. Contact Garcia-Windsor, P.C. today to schedule a consultation and protect your legal interests.