Question:
Does Texas law apply to a common-law marriage established in another state if the couple moves to Texas?
Answer:
Yes. Texas recognizes common-law marriages, and under Texas Family Code § 1.103, the law of this state applies to persons married elsewhere who are domiciled in this state. Therefore, if a couple has established a valid common-law marriage in another state and then becomes domiciled in Texas, Texas law will govern their marital relationship. This includes matters such as property rights, spousal support, and dissolution of the marriage. It’s important to note that the validity of the common-law marriage must meet the requirements of the state where it was established.