Common Law Marriage - FAQ's

1. What is a common law marriage?
2. If a person has been in a common law marriage, is it necessary to obtain a divorce to dissolve the marriage relationship?
3. Is there any documentation required for a common law marriage?
4. If two people have lived together in another state, separate and then one or both move to Texas, can a claim for a valid common law marriage be sustained?
5. Can two people of the same sex enter into a common law or informal marriage in Texas?
6. If two persons of the same sex are married by common law or ceremonially or parties to a civil union entered into in another state or country, does Texas have to recognize these as valid marriages?
7. If one spouse in a common law marriage dies without a will, how will the property accumulated during the marriage be divided among the heirs?
8. If one spouse in a common law or informal marriage leaves Texas, can the other spouse file for divorce in Texas?
9. If a common law husband leaves his wife, is she entitled to receive support from him?
10. In a common law marriage, if one spouse receives and inheritance or gift, does the other spouse have any claim or right to a share of the inheritance or gift?

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Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757

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