Chapter 1-6: Introduction to Marriage and Cohabitation (VOCABULARY Flashcards)

Vocabulary flashcards covering key terms and concepts from Chapters 1–6 of the Marriage and Cohabitation course notes.

State interest in marriage

The government's concern with marriage to promote stable families, reduce domestic violence, and support child welfare; it influences who may marry and how marriages end.

Coverture (curvature)

Historical doctrine where a wife's legal identity was absorbed into her husband; she could not own property, control wages, enter contracts, or sue independently.

Personal property

Movable items owned by a person (e.g., jewelry, clothing, furniture) not attached to land; historically, often became the husband's property after marriage.

Real property

Land and anything permanently attached to it (e.g., houses, barns, mineral rights, commercial buildings).

Community property

Property acquired during marriage that is jointly owned by both spouses; includes salary, homes bought during the marriage, and some retirement or Social Security benefits (recognized in some states, including Texas).

Married Woman's Property Act

Late 1800s law granting women full control over their own property, the power to contract, make wills, sue, earn wages, and share in earnings and guardianship of children.

Joint right to earnings

Under the Married Woman's Property Act, wives gained a shared right to the earnings of the partnership.

Due process

Legal principle that protects fundamental family rights from government interference; linked to the protection of those rights in the Fourteenth Amendment.

Equal protection

Constitutional guarantee that family law treats all individuals equally, regardless of race, gender, sexual orientation, or marital status.

Loving v. Virginia (1967)

Supreme Court ruling that interracial marriage is protected by the Fourteenth Amendment; overturned bans on interracial marriage.

Obergefell v. Hodges (2015)

Supreme Court ruling that same-sex marriages are protected by the Constitution; requires states to issue licenses and recognize same-sex marriages performed elsewhere.

Incest

Close-relations marriage restrictions; prohibited sexual relations between closely related individuals; Texas Penal Code §25.2 prohibits such conduct and voids related marriages.

Bigamy

Marrying one person while still legally married to another; prohibited and punishable under Texas law (e.g., Penal Code §25.01).

Age of capacity to marry (Texas)

General rule: 18 or older to marry; those under 18 may be emancipated by court order in certain cases (often for 15–16-year-olds) to allow marriage.

Emancipation

Court-issued order making a minor legally an adult for purposes such as marriage and contracts; can be difficult to obtain and requires careful judicial consideration.

Age of consent (Texas)

Legal age for sexual activity, which is 17 in Texas.

Common law marriage

A marriage recognized without a ceremony or license, based on agreement, cohabitation, and holding out as married.

Elements of common law marriage

Three core elements: 1) agreement to be married; 2) cohabitation; 3) holding out as married (e.g., joint finances, shared bills). These may be inferred from conduct.

Premarital education

Educational courses that can waive the 72-hour waiting period for a marriage license in Texas.

Marriage license process (Cameron County, TX)

Couples must appear together, bring valid photo IDs, complete the application, pay about $82, wait 72 hours (waivable for military or premarital education), license valid 90 days, ceremony officiated by a judge or official who signs the license.

Steps after marriage license issued

The officiant signs and returns the license to the clerk; the county records the marriage and issues a certified copy by mail.