Common Law Marriage

[bcdudley]

My question involves marriage law for the State of: Texas

My wife and I have been together for about 6 years. We have been filing our taxes as married for the last 6 years and just assumed that we were common law married. We are about to purchase our first house together and ran into a small snag. The loan officer is asking for a marriage certificate since she never changed her last name.

We have never filled out any forms or anything like that with the county saying we are married. We do have 1 child together.

Since this came up, I did some research and I see that one of the requirements for a common law mariage in Texas is:

To have an informal marriage in Texas, the parties either must have agreed to be married, and after the agreement have lived together in Texas as husband and wife and represented to others that they were married, or (2) declared an informal marriage by execution of a form provided by the County Clerk. Both parties must provide all information required on the form, be administered an oath, and sign the declaration at the County Clerk's office.

I do see the "or" in the statement, but I am not sure what this means for us. Do we need to to go down to the county clerks office to get the certificate, or should we not need it at all for this. As far as the home loan goes, she will not be on the loan, but will be on the title as Texas requires.

Thank you.

[jk]

You shouldn't need it BUT since the lender has no proof of your claim of being married, they do not have to treat you as married. One problem with common law marriages is; they are disputable by the parties involved. Since a court can review the situation and agree there never was a marriage, it complicates any situation where you contracted for something on the basis of being married. This is the problem the lender is faced with so; either give them the proof they require or expect them to consider you as single individuals.

[bcdudley]

Ok, Thank you. I think it would be favorable if I was considered single as far as the loan goes.I will speak with the lender and see how they want to handle it.