Dissolving a Domestic Partnership vs. Common-Law Marriage

 Posted on March 10, 2025 in Family Law

Texas is one of eight states that still allow common-law marriage. Even though common-law marriage has been a tenet of Texas for many decades, there are still myths that circulate regarding common-law marriage that are simply not true. A domestic partnership has some of the same myths.

If you and your spouse have entered into a common-law marriage or a domestic partnership and now want to end the relationship, you may wonder whether there is a legal procedure – like divorce - to do so. It can be extremely helpful to speak to a knowledgeable Hurst, TX divorce lawyer who can guide you through the process in the best way possible.

What Are the Differences Between a Common-Law Marriage and a Domestic Partnership?

A common-law marriage is an arrangement where two people live together as husband and wife without the outward trappings of a formal marriage. Couples who live under a common-law marriage usually have more rights and benefits than those in a domestic partnership. For a Texas common-law marriage to be valid, a couple must:

• Agree between themselves to be "married."
• Live in the state of Texas as husband and wife.
• Represent to others that they are husband and wife.

There is no specific length of time in Texas for a common-law marriage to be valid. If the couple introduces one another to others as "my husband" and "my wife," have joint bank accounts, a mortgage with both spouses named, and generally live as husband and wife, if they both agree they are in a common-law marriage, then the state of Texas also agrees. Those in a common-law marriage have every benefit a "regular" married couple has.  

A domestic partnership is formed when two people live together and engage in a committed, romantic relationship, whether it is same-sex or opposite sex. The entire state of Texas does not recognize domestic partnerships, but some cities and counties do, such as Austin, Dallas, Houston, and San Antonio.  

A couple in a domestic partnership must fill out an application, pay a fee, and register that relationship with either the state or local government or their employer. Domestic partnerships offer the following benefits:

• One partner can have the other added to healthcare benefits received from an employer.
• If one partner is hospitalized or incarcerated, the other can visit them.
• In some cases, there are additional employer benefits like adoption benefits, sick leave, or bereavement leave.

On the downside, domestic partners cannot file joint tax returns (common-law spouses can), and health insurance benefits may sometimes be considered taxable income. If one partner dies without a will, the other will likely not be able to inherit, and a domestic partner may not draw on the other’s Social Security.

Ending a Domestic Partnership or Common-Law Marriage

A couple in a common-law marriage in Texas must go through the same divorce process as those in a formal marriage. Marital property must be divided under community property laws, spousal support will be determined, and child custody and child support will be determined based on the best interests of the child. If a common-law couple in Texas separates and does not file for divorce within two years, under the law, the marriage never existed, which can strip a spouse of legal claims.

Depending on the jurisdiction, ending a domestic partnership can be as simple as filing a document that formally ends the partnership, or it can be more complex, involving proceedings that are similar to a divorce. It is extremely important that you understand your jurisdiction’s requirements for ending a domestic partnership so one partner is not left with no rights.

Contact a Tarrant County, TX Divorce Lawyer

Whether you are in a formal marriage, a common-law marriage, or a domestic partnership, if your relationship is over, you can benefit from speaking to a Hurst, TX divorce attorney from Daniel R. Bacalis, P.C.. Attorney Bacalis is a Board-Certified Family Law Specialist who goes above and beyond for his clients. Call 817-498-4105 today to schedule your free consultation to discuss your plans for ending your relationship.