Legal Question in Family Law in Texas
Cohabitation and Common Law Marriage
About a year ago, I let my boyfriend move in with me. In doing so, I wanted to make sure that we did not do anything that would classify us as being common law married. In the past I have ''heard'' that after 6 mo. of living together you are ''married''. I searched the internet and did not find anything that mentioned a time limit on cohabitation. In addition, found information on holding oneself out as married in public, which I am adament about not doing. I also found that cohabitation alone does not constitute common law marriage. I just wanted to be sure what criteria classifies a couple as being common law married.
1 Answer from Attorneys
Re: Cohabitation and Common Law Marriage
A finding of the existence of a common law or informal marriage is only justified if the evidence shows that the parties agreed to be married, that they lived together in Texas as husband and wife, and they have publicly represented themselves as married. All three of these requisites must exist at the same time.
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