Posted on | February 27, 2012 | No Comments
Texas family law allows for informal marriage. So that in Texas if a man and woman live together, agree they are married and hold themselves out to the community as married, the state recognizes that marriage. And a common law marriage is just as valid in Texas as is a marriage performed by religious clergy or a judge. However, when couples live together an assumption of common law marriage is created and if the couple separates one of the parties may allege a common law marriage relationship. If such an allegation is made by one of the parties, then an action similar to divorce ensues. Parties who only believed themselves to be cohabiting can find themselves on the wrong end of a divorce suit and discover their property has been classified as community property.
When a couple in Texas decides to live together it is wise to draw up a cohabitation agreement. A cohabitation agreement establishes the rights, responsibilities, and liabilities of each party to any jointly-owned property. Having such an agreement also protects both parties by stipulating how any legal disputes are to be handled should the couple end their relationship.
If there is no cohabitation agreement in place you may end up in civil court, over legal disputes about assets, personal property, and real estate. Although if there are minor children involved, paternity, custody and support issues are referred to family court.
Talk to an experienced Texas family law attorney
Relationships are often complex and an experienced Texas family law attorney can help you establish co-habitation agreements, custody and property issues in your domestic relationship. If you need a co-habitation agreement or need help resolving legal issues in a domestic relationship, contact us today online or call (972) 562-0266 to learn how we can help you.