Texas law recognizes common law marriage. Most people have a misunderstanding about what it even means. A common law marriage is just as valid as a ceremonial marriage (i.e. a marriage officiated by a religious leader or judge or other "officiant" in a ceremony). It is valid for obtaining death benefits in a Texas workers' compensation claim, among other things.
The law actually refers to it as an "informal" marriage, not a common law marriage. But the concept is the same.
The Texas Family Code provides:
SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES
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.
(d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.
The elements in common law marriage are as follows. Under Section 2.401 of the Texas Family Code, which provides the legal underpinning of the issue of common law marriage, the parties must:
1) agree to be married
2) after that agreement live together as husband and wife
3) present themselves to others as married.
The first element is met by testimony or other evidence that the parties agreed to be married. That can be demonstrated most persuasively by testimony from either the surviving spouse or the decedent (text messages, love letters, etc.) that they considered themselves married, not to mention other proof such as the fact that they lived together and used joint accounts, etc. As you can tell, there is quite a bit of overlap among the elements, at least as to proof.
The second element is met by showing actually living together as husband and wife. Common evidence would be testimony that they lived together, shared an intimate relationship, shared household responsibilities (bills, childcare, taxes, income).
The third element is met by showing proof of public acknowledgment of the marriage. This is relatively easy. Relatives and friends can provide statements or testimony that the parties called each other husband and wife, introduced themselves that way when meeting people, and through text messages to others (e.g. getting a text asking for them to come over for a party and responding, "let me check with my wife"). This shows public presentation of the marriage.
A surviving spouse in a common law marriage situation can claim equivalent benefits to someone in a ceremonial marriage. The marriages are considered identical under the law. The only difference is there are presumptions that apply regarding certain time frames for pursuing claims.
The following cases deal with common law marriages, primarily in insurance (non-workers' compensation) contexts:
Sveen v. Melin, 138 S.Ct. 1815, 1825 (2018) (ruling against ex-spouse as primary beneficiary on life insurance policy); Provident Life & Accident Ins. Co. v. Cleveland, 460 Fed. Appx. 359 (5th Cir. 2012) (deceased spouse made designation of ex-spouse before the divorce so designation was improper); Branch v. Monumental Life Ins. Co., 422 S.W.3d 919, 924 (Tex.App.-Houston [14th 2014], no pet.) (citing Sever v. Massachusetts Mutual Life Ins. Co., 944 S.W.2d 486 (Tex.App.-Amarillo 1997, writ denied) (ex-spouse as beneficiary prior to divorce and deceased spouse died without making her beneficiary but they had children).
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