Most couples in Austin, TX, are familiar with the term “common law marriage.” Many even have a fairly decent working understanding of how the term is used to describe those couples who, though they have never acquired a marriage license, live together and present themselves as married such that they are considered to be legally married. However, what most people do not realize is that some of the laws surrounding common law marriage in the state of Texas can be downright confusing. Should a couple that has resided together seek to end their relationship, both may want to retain the services of a lawyer so that their rights and interests can be protected.
Sometimes couples assume that they are automatically married in Texas simply because they have resided together for a period of time. Perhaps they have lived together in an apartment in Austin for a number of years or they may even have children together. However, neither of those facts in and of themselves necessarily constitutes a common law marriage. If you are unsure about the legal status of your relationship with your partner, it is best to consult with a lawyer who is knowledgeable about family law in Texas. Especially if you are concerned about protecting your rights should the relationship ever come to an end.
If either you or your partner were previously married, it would be prudent to consult with a lawyer as to whether or not the law still considers either of you married to your former spouse. If so, you are not considered married by common law regardless of how long you have lived together or even whether or not you consider yourselves husband and wife. Such legal technicalities may not seem like such a big deal right now. However, in the future if you or your partner should be hospitalized and medical decisions need to be made; you may want to have the benefit of being married so that no one can question your spouse’s right to make decisions on your behalf.
However tempting it may be to just continue along with the status quo assuming that your current relationship will pose no legal difficulties in the future, the prudent thing to do if there is any question at all about your current marital status is to consult with an attorney in the Austin, TX area who can evaluate you situation and advise you regarding your legal status. Contact a family lawyer today so that you can rest assured that your rights will be protected in the future.
