How to Avoid Common Law Marriage in Texas
Talk with your significant other about your relationship., Do not file any common law marriage documents with a Texas court., Sign a cohabitation agreement.
Step-by-Step Guide
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Step 1: Talk with your significant other about your relationship.
Communicate with your significant other and make sure you both understand the limits of your relationship.
You and your significant other should both have the understanding that there has been no agreement made to be married.
You should also communicate the following circumstances with your partner, as they will affect your ability to be involved in a common law marriage:
You cannot be involved in a common law marriage if either you or your partner is under the age of
18.You cannot be involved in a common law marriage if either you or your significant other is already married. -
Step 2: Do not file any common law marriage documents with a Texas court.
You and your partner should avoid filing certain documents with a Texas court, and you should avoid asking a Texas court to recognize a common law marriage.
Doing so will result in the state recognizing a common law marriage.
The important documents you should avoid filing and the proceedings you should avoid are:
A Declaration of Marriage.
This is a document that formalizes a common law marriage.It may also be referred to as a Declaration of Informal Marriage.This document asks you to fill out, sign, and date a declaration stating that you meet all of the requirements of an informal marriage.
A Recognition of Common Law Marriage.
This is a type of proceeding before a judge whereby you ask the court to recognize a common law marriage for a specific purpose, such as when you are filing for divorce.When you go to the court hearing, you will most likely have to fill out a declaration of marriage form and file it with the court.
Agreements signed as a married couple.
You should also avoid filing any documents with a court that have been signed by you and your significant other as a married couple.Examples include leases, life insurance policies, and tax returns., You and your partner should draft and sign a cohabitation agreement, which is a document that specifies your rights as a couple and safeguards each person's individual interests and assets.The agreement should include a section that clarifies your relationship status and states that you are not agreeing to be married.
A cohabitation agreement should include sections on how household expenses and property accumulated during the relationship will be split; and set forth procedures for a breakup.Within this agreement, include a provision stating: "Our relationship shall not be construed as a common law or informal marriage, and by living together and holding ourselves out as being a couple we are not agreeing to be married." The Texas legislature has not specifically addressed the legal issues surrounding cohabitation agreements, but they are likely to be upheld in court as valid contracts.Apart from those requirements, an enforceable cohabitation agreement is just like any other contract and must conform to your state's contract laws. -
Step 3: Sign a cohabitation agreement.
Detailed Guide
Communicate with your significant other and make sure you both understand the limits of your relationship.
You and your significant other should both have the understanding that there has been no agreement made to be married.
You should also communicate the following circumstances with your partner, as they will affect your ability to be involved in a common law marriage:
You cannot be involved in a common law marriage if either you or your partner is under the age of
18.You cannot be involved in a common law marriage if either you or your significant other is already married.
You and your partner should avoid filing certain documents with a Texas court, and you should avoid asking a Texas court to recognize a common law marriage.
Doing so will result in the state recognizing a common law marriage.
The important documents you should avoid filing and the proceedings you should avoid are:
A Declaration of Marriage.
This is a document that formalizes a common law marriage.It may also be referred to as a Declaration of Informal Marriage.This document asks you to fill out, sign, and date a declaration stating that you meet all of the requirements of an informal marriage.
A Recognition of Common Law Marriage.
This is a type of proceeding before a judge whereby you ask the court to recognize a common law marriage for a specific purpose, such as when you are filing for divorce.When you go to the court hearing, you will most likely have to fill out a declaration of marriage form and file it with the court.
Agreements signed as a married couple.
You should also avoid filing any documents with a court that have been signed by you and your significant other as a married couple.Examples include leases, life insurance policies, and tax returns., You and your partner should draft and sign a cohabitation agreement, which is a document that specifies your rights as a couple and safeguards each person's individual interests and assets.The agreement should include a section that clarifies your relationship status and states that you are not agreeing to be married.
A cohabitation agreement should include sections on how household expenses and property accumulated during the relationship will be split; and set forth procedures for a breakup.Within this agreement, include a provision stating: "Our relationship shall not be construed as a common law or informal marriage, and by living together and holding ourselves out as being a couple we are not agreeing to be married." The Texas legislature has not specifically addressed the legal issues surrounding cohabitation agreements, but they are likely to be upheld in court as valid contracts.Apart from those requirements, an enforceable cohabitation agreement is just like any other contract and must conform to your state's contract laws.
About the Author
Frank Sanchez
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