Texas Marriage Laws 8

In: Texas

Statutes and Laws Specific to Marriage in Texas

Also See: Texas Divorce Laws

One of the Code of the Texas Legislature is “Family Code.” Family Code, Title 1, Chapters 1 to 5 is where you can find the Texas Marriage Code and all relevant sections, which describe in detail the laws that affect marriage in Texas.

You can view all the Texas Family Law statutes at statutes.legis.state.tx.us, then click the title of the chapter of the information you’re seeking A few of the important chapters related to Texas marriage are:

  • Texas Premarital and Marital Property Agreements (Family Code, Title 1, Chapter 4)
  • Texas Marriage Relationship (Family Code, Title 1, Chapters 1 to 5)


  • The Texas Family Code has many unique aspects that distinguish it from domestic relationship laws in many states. For example, the concepts of community property, joint managing conservatorship of the children, and informal marriages are legally complicated areas.

    If you plan to research Texas Family Law, be sure to check out related case law because the various appeals courts in Texas interpret, construe, and apply the law in a variety of cases every day. If you don’t look at the case law, a lot of times it easy to misunderstand the practical effects of the statutes.

  • Nancy Burns Voyles

    I married a man in Jan 2010.We moved into his home(it is paid for in full) in May 2010. A couple of months ago my husband became physically abusive with me during any arguments. He is very careful not to leave marks and has told me if I tell anyone he will lie and throw me out of his home.I am in counseling now. I suffer from PTSD. I have no place to live and my job will be ending in Jan 2011. Can my husband legally have me thrown out of the house and do I have any rights to the property should we divorce? Also, other than documentation, and perhaps testimony of my counselor and another friend is there anything I can do to prove abuse? Would my husband automatically be able to stay in the house or be granted the house in a seperation?

    • if you live in texas, it is considered a community property state. No matter whos name the house is in, you technically both own the house. Also, as far as the physical violence goes, get documentation of your medical records from your counseling sessions and your diagnosis. Hide them well and next time he hits you call the police!!! Get out into the view of public until the police arrive and when they do inform them you are a victim of family/domestic violence. Tell them about the medical paperwork you have, try to leave it in the house because if the police want to get you inside to get the paperwork and your husband will not let you or the police in, he just looks that much more guilty. Another option is to copy them and have them stashed at your friends house who knows abt the violence, and try to call her and have her there with the paperwork as well when the police arrive. 99.99% your husband will be arrested on the spot. Tell them you know he will do it again and you fear for your safety and request the officer at the scene to put in for an Emergency Protective Order. It will keep HIM off the property and also your job and also anyone trying to hurt you on his behalf. Go onto texaslawhelp.org for free printable instructions and all the paperwork for divorce(Original Petition for Divorce) (petition and all) also get the affidavit of inablility to pay cost it will most def get granted considering you are out of work. Also this will eithr get granted completely or atleast defer the payments untill after your divorce finalized. Go to your county court house and ask for the staffing attourney. They will review your petition, affadavit, and any other required documentation for free and also give you more paperwork and instructions on filing. Also in order to file you will need a civil case information sheet, all the documents i have referred will have instructions or are self explanatory. You will also be required to type up your own divorce decree, in that you may request that the judge grant you the requirement of fees needed for your divorce, be paid by your husband. again most likely to happen for the fact that Texas does not take domestic violence lightly. My heart bleeds for you because im currently going through the same situation and all this information i have had to find on my own. Also visit this link i have posted http://www.bcfjc.org/ this is a family justice center in Bexar County they will help you or direct you to someone who can for any needs, such as attourneys, financial assistance, etc….. also google texas workforce commision and apply for unemployment this should help supplement all income problems, not fix but atleast releive a lot of anxiety over the income situation. If you are serious about getting away and getting free from the pain, you need to fully commit to all of this. Its gonna hurt, no sugar coating it, but no one deserves to be abused. Not you, Not me, NO ONE!!! I know how it feels to feel like you have no where to go, or that no one will believe you, and also be scared of losing everything. Please trust me when I say the grass gets green when you get rid of the dog sh*t on top of it 🙂 You can do this and im willing to help you if you are willing to commit. I can also even be just a listening ear, i know what it is to feel like you have no one cuz you feel like you have to hide, so no one finds out, or feeling ashamed of your situation. Its honestly all normal but in all reality we could help eachother. Im filing TODAY!!!! :)) happiest moment of my life to finally be free, i wanna help you feel this happy too. Please feel free to contact me, if you reply to this message it will notify me via email and i will get you my contact info or go to my website and my information is on there. Im not a lawyer, im not anything special or qualified in anything but i know the judicial system well and know people within the judicial system. I can and will help you if you really want it, and if idk the answer to something I know where to find it or have people that can find it for me. Good Luck and i hope to hear from you

      This also goes for anyone else out there looking for a way out, a means of escape… A NEW LIFE!!! Don’t let your men hurt you. Someone who really loves you wont abuse you.


    I have a 401k plan but have no paperwork for it back when I got married. I am in the process of getting a divorce and need to know what it was worth in 1990. How can I find out what my 401K was worth in 1990 when I got married. THANK YOU, LISA BELLOW

  • Trisha

    I have been married for 32 years. My husband received a lump sum disability back payment and moved out in May. Is that back pay considered marital assists?

    He also had been paying 1/2 of the mortgage as of this month. He has filed for divorce and wants me to move. We had agreed to sell the house previously, but has he given up his rights to the house since he has not paid this month?

    Lastly we have been working on a 2007 tax bill. I called to see where the see if there was an update on the account. I learned that we still owed the money but my husband has a power of attorney on the account. How does that effect me? Thanks for you answers! I know I née an attorney but I am facing major dental work which could prevent me from working and I just don’t have he money yet.

  • Jennif

    I live in TX. I married here in 1993. Before marrying I was an avid collector of black art and figurines. My husband has never had either. I have purchased additional pieces since we married and he wants to make my personal collectibles an issue in our divorce. I never kept receipts because I never collected to resale. I collect because it is like a hobby for me

  • Irene

    My dad never divorced my mom but he married someone else in California and they moved to Texas. He passed away and his wife not his original wife my mother want to have him cremated. His wish was to be buried in Tennessee where he is from. Do his non legal wife have jurisdiction over the matter or can his legal wife whom he never divorced step in and have all legal rights?

  • Debra Orange

    My sister has been married to a man for five years. She recently found out he was a fugitive for over 30 years. He is not going under his birth name. He collected social security disability for over 20 years. He has a home that is paid for. Does she have any legal rights? I feel so bad for her. They also have a car that is in his name that she cannot afford to pay for because she no longer has his finances to help her. She is 62 & he is 77.