Benefits of Common Law Marriage in Texas

Imagine you're in a committed relationship, living together, sharing expenses, and building a life together—yet, you're not legally married. Can you still enjoy some of the benefits of marriage? In Texas, thanks to common law marriage, you can. However, like anything in life, the details matter. Whether you’re considering this arrangement or just curious, understanding the legal, financial, and social advantages of a common law marriage in Texas can be life-changing.

What is Common Law Marriage in Texas?

Before diving into the benefits, let's clarify what a common law marriage (also known as an informal marriage) is in Texas. In the Lone Star State, common law marriage is legally recognized if three conditions are met:

1. You both agree to be married.
2. You live together as spouses.
3. You represent to others that you're married.

Texas doesn’t require a ceremony or a marriage license for the union to be legitimate. This is crucial in understanding how you may still gain access to a lot of the same benefits traditionally married couples enjoy.

Key Benefits of Common Law Marriage in Texas

So why would anyone want to consider common law marriage over a traditional marriage? Let's walk through the key advantages.

1. Legal Rights to Property and Assets

One of the most significant benefits is the legal protection concerning property and assets. Texas follows community property laws, which means any property or income acquired during the marriage (including common law marriage) is considered joint property. In the event of a split, common law spouses have the same rights to divide assets as formally married couples.

For instance, if you’ve bought a house together during your informal marriage, both partners have equal ownership, no matter who paid more or whose name is on the deed. This can save substantial stress and legal disputes down the road.

2. Access to Healthcare and Insurance Benefits

Being in a common law marriage allows you access to your partner's healthcare and insurance benefits. Many employers in Texas extend healthcare coverage to the spouses of employees, including common law spouses. This is particularly valuable for couples where one partner may not have access to affordable healthcare on their own.

Let’s say you’re self-employed while your partner works for a company with great health benefits. Under a common law marriage, you could potentially join their healthcare plan, saving thousands of dollars annually.

3. Inheritance Rights and Social Security Benefits

One of the most crucial benefits comes into play when one partner passes away. In Texas, common law spouses are entitled to inheritance rights, meaning you have the right to inherit your partner's assets, just as you would in a formal marriage. Without this, partners in long-term relationships often face heartbreaking legal battles with family members of the deceased.

Additionally, common law spouses are entitled to Social Security benefits upon the death of the other partner, assuming they were married for at least 10 years.

4. Parental Rights and Custody

If you have children together, your common law marriage provides parental rights similar to those of a traditionally married couple. Both parents are considered the legal guardians of any children born during the marriage. In the event of separation, Texas courts will approach custody, visitation, and child support issues in the same way as they would for formally married couples.

This benefit can be life-changing in contentious custody battles, where legal standing as a spouse can be a determining factor in decisions about where the children will live.

5. Tax Benefits

Common law marriage in Texas also opens the door to a range of tax benefits. You can file jointly, which often results in lower tax liabilities, greater standard deductions, and access to additional credits and deductions, such as the Earned Income Tax Credit (EITC). Joint filing can also reduce estate taxes, a significant advantage for wealthier couples.

6. No Costly Wedding Expenses

Let’s not overlook the cost savings. While traditional weddings can be a major financial strain—costing couples tens of thousands of dollars—common law marriage skips the extravagant ceremony and expenses. The money saved can be used to invest in a home, start a business, or fund personal dreams.
Emotional and Legal Considerations

7. Flexibility in Relationships

Common law marriage also offers couples a unique flexibility. There’s no formal process, meaning couples aren’t bound by the timelines and legal procedures of getting a marriage license, which is beneficial for those who value privacy or don’t want to deal with government paperwork. This flexibility can feel freeing for couples who want the benefits of marriage without the formalities.

Challenges to Consider

While common law marriage offers many benefits, there are also challenges and complexities that can arise, particularly around proving the existence of a common law marriage in court.
If you separate and need to prove the existence of a common law marriage, you might have to demonstrate that you both held yourselves out as married, such as by sharing finances, using the same last name, or introducing each other as spouses.

How to Protect Yourself in a Common Law Marriage

To protect your rights in a common law marriage, it's wise to take a few steps. Signing a cohabitation agreement or declaration of informal marriage can make it much easier to establish your legal status if you ever need to. Also, keep in mind that you have two years after separating to file a suit to prove a common law marriage existed. Otherwise, it may be presumed that no marriage took place.

Can You End a Common Law Marriage?

Just like formal marriages, common law marriages must be dissolved through a legal divorce process if you decide to split. This ensures that property, child custody, and financial matters are handled in the same way as a traditional marriage.

Conclusion

In Texas, common law marriage provides a wealth of benefits without the need for a formal ceremony or a piece of paper from the courthouse. From inheritance rights and parental rights to healthcare benefits and tax advantages, informal marriages in the state carry many of the same protections and privileges as traditional marriages. While it's essential to understand the legal implications fully, common law marriage can be a practical and meaningful option for many couples.