Luther LarryCommon law marriage also known as informal marriage, is a legally recognized marriage in Texas that doesn’t require a license or formal ceremony. While many people believe marriage must involve rings, vows, and a wedding officiant, Texas law allows couples to establish a valid marital relationship without traditional formalities. This article explores what common law marriage in Texas is, how it works, the legal requirements, and how it can be proven or dissolved.
Common Law Marriage in Texas: Everything You Need to Know
What Is Common Law Marriage in Texas?
In Texas, a common law marriage is a legal way for a couple to be considered married without having a formal ceremony or obtaining a marriage license. It’s recognized under Texas Family Code § 2.401, which outlines the specific conditions that must be met for the relationship to be legally binding.
Once a common law marriage is established, it carries the same legal rights and responsibilities as a ceremonial marriage, including property rights, inheritance, spousal support, and divorce proceedings.
Read Also: Who Can Write a Bill in Texas? A Comprehensive Guide to the Legislative Process
Legal Requirements for Common Law Marriage in Texas
To be legally recognized as a common law marriage in Texas, the couple must meet the following three criteria:
- Agree to Be Married
Both parties must mutually agree, either verbally or through conduct, to be husband and wife or spouses. - Live Together in Texas as a Married Couple
Cohabitation must occur in Texas, and it must reflect that the couple is living together as if they are married—not just roommates or dating partners. - Represent Themselves to Others as Married
The couple must “hold out” to the public that they are married. This could include using the same last name, referring to each other as husband or wife, filing joint taxes, sharing bank accounts, or introducing each other as spouses.
If all three elements are present at the same time, the couple may be considered legally married under Texas common law.
Read Also: At What Age is a Person Considered an Adult in Texas? A Detailed Overview
How to Prove a Common Law Marriage in Texas
Proving a common law marriage can be straightforward or complex, depending on the evidence available. Common forms of proof include:
- Joint lease or mortgage
- Joint bank accounts
- Joint tax returns
- Health insurance documents listing each other as spouse
- Affidavits from friends and family
- Birth certificates of children listing both parties as parents
Additionally, Texas allows couples to sign a Declaration of Informal Marriage, which is filed with the county clerk. This serves as official documentation of the common law marriage and simplifies legal matters later.
Read Also: Benefits of Common Law Marriage in Texas: What You Need to Know
Is a Common Law Marriage in Texas Legally Binding?
Yes. Once established, a common law marriage in Texas is just as legally binding as a ceremonial marriage. This means that if the couple separates, they must go through a formal divorce process to legally dissolve the marriage. They may be subject to division of property, spousal support, and custody arrangements if applicable.
Watch Also: Common Law Marriage In Texas
Can a Common Law Marriage Be Refused or Challenged?
Yes. If a dispute arises—typically during a breakup or after the death of a partner—either party or family members may challenge the existence of the marriage. In such cases, a court will evaluate the evidence to determine if the three legal elements were met.
Read Also: Dog Bite Settlements in Texas: A Comprehensive Guide
How to End a Common Law Marriage in Texas
If a common law marriage is recognized, it can only be ended through a formal divorce process. Simply separating does not dissolve the marriage. You must file for divorce in Texas courts and settle any property, debt, or custody issues.
Note: If a couple separates and more than two years pass without one party filing for divorce or legally establishing the marriage, Texas law presumes the marriage never existed—unless proven otherwise.
Is There a Time Requirement for Common Law Marriage in Texas?
No. There is no minimum time requirement for a common law marriage in Texas. A couple can be considered married under common law as soon as they meet the three required criteria.
Read Also: How to Avoid Common Law Marriage in Texas: A Complete Guide
Common Law Marriage and Same-Sex Couples in Texas
Since the U.S. Supreme Court legalized same-sex marriage in 2015, same-sex couples in Texas can also establish common law marriages if they meet the same legal requirements.
Frequently Asked Questions (FAQs)
Do I need to live with someone for a certain number of years to be common law married in Texas?
No. There is no specific time requirement. What matters is mutual agreement, cohabitation, and public representation as a married couple.
Read Also: Can a Student Record a Teacher Without Permission in Texas?
Can I file taxes jointly if I’m in a common law marriage?
Yes, if your common law marriage meets Texas legal standards, you may file jointly with the IRS.
What if we break up—how do we prove we were married or not married?
Documentation, public behavior, and witness testimony can help establish or refute a common law marriage claim.
Read Also: How Many People Live In Houston [2025]
Conclusion
Common law marriage in Texas offers an alternative path to legal marriage without the need for a ceremony or license. However, it carries the same legal consequences and obligations. Whether you’re seeking to establish or dispute a common law marriage, it’s crucial to understand your rights and consider consulting with a Texas family law attorney.