Same-Sex Common Law Marriages

For many same-sex couples, the right to marry has been a matter of great importance that has drawn increased public attention over the past decade. With politicians going back and forth over the issue, some jurisdictions have taken definitive stances on whether to allow or forbid same-sex marriages. In the state of Texas, common law marriages may seem to be an applicable loophole for same-sex couples, but this practice actually runs into some serious legal problems.

For information on the current options available for same-sex couples regarding important legal actions, contact the Austin family law attorneys of Slater & Kennon, LLP, at 512-472-2431 today.

Issues with Same-Sex Common Law Marriages

In Texas, a couple can legally claim to be married once they have fulfilled a three-part eligibility test. According to the law, they must live together, agree to be married, and officially present and conduct themselves as a married couple. If these standards are met, the state will recognize the marriage. For same-sex couples, this is not allowed due to the following legal issues:

• Common law marriages must be legally defined as being legitimate
• Texas’ state constitution defines marriage under heterosexual contexts
• The IRS does not allow common law same-sex marriage tax forms

Although there is typically no need to prove the existence of the marriage unless some sort of separation occurs, common law marriage is meant to be defined on the same grounds that all other marriages are defined according to the state law. This means that even though all parts of the common law marriage test may be fulfilled, common law is not an option for same-sex couples in Texas at this time.

Contact Us

Sorting through the legal status of long-term same-sex couples can prove troubling, especially when couples need to file for official legal motions, such as dividing property or establishing an estate plan. To learn more about what rights are currently recognized for same-sex couples in the state of Texas, contact the Austin family law attorneys of Slater & Kennon, LLP, today at 512-472-2431.