Common law marriage is a type of marriage that is recognized in some states, including Texas. In order to be considered common law married in Texas, two people must hold themselves out as husband and wife or spouses to the public.
While common law marriage may seem like a convenient alternative to a traditional marriage, it can actually be a bad idea for a number of reasons.
One of the main issues with common law marriage is that it can be difficult to prove that it exists. In order to be considered common law married, the two individuals must present evidence to the court that they have held themselves out as husband and wife to the public. This can be difficult, as there may be conflicting evidence as to whether or not the two people actually held themselves out as married. For example, they may tell some friends and family that they are married, while telling others that they are simply engaged or in a committed relationship. This conflicting evidence can make it difficult for the court to make a determination on the existence of a common law marriage.
Another problem with common law marriage is that it can lead to disputes over property and assets. In a traditional marriage, any property and assets that are acquired during the marriage are considered community property, and are divided equally between the two spouses in the event of a divorce. In a common law marriage, however, there is often disagreement over whether or not the property and assets are considered community property, leading to disputes and legal battles.
In conclusion, common law marriage can be a bad idea because it can be difficult to prove and can lead to disputes over property and assets. If you are in a committed relationship and are considering common law marriage, it is important to carefully consider the potential risks and drawbacks before making a decision. If you are facing issues related to common law marriage or divorce in Texas, schedule a consultation.