What Is Common-Law Marriage in Texas -

In the state of Texas, a common-law marriage (officially called an informal marriage) is one in which a couple is considered legally married without having gone through a formal ceremony or obtained a traditional marriage license. The law treats such relationships just like a “formal” marriage once certain conditions are met.

Because Texas is also a community-property state, recognizing a common-law marriage means rights and responsibilities (property, debts, support) apply as they would in a traditional marriage.

The Legal Requirements in Texas

Under Texas law (specifically Texas Family Code Section 2.401), there are two main paths to establishing a common-law (informal) marriage:

Path 1: Declaration of Informal Marriage

The couple can go to the county clerk’s office together, fill out and sign a “Declaration of Informal Marriage” form, and submit it.
Once filed, the marriage is legally valid from the date of that filing.

Path 2: Meeting the Three-Prong Test

Even without filing the declaration, a common-law marriage can be recognized if the couple meets all of the following:

They agree to be married (present-tense, not “maybe someday”).
They live together in Texas as spouses.
They represent to others that they are married (so they “hold themselves out” publicly as husband/wife).

Important to note:

There is no minimum number of years required for cohabitation to establish a common-law marriage in Texas. Living together for 1 year, 10 years, or less doesn’t automatically do it unless the above is met.
Both parties must be at least 18 years old, not currently married to anyone else, and have legal capacity to marry.

Why It Matters: Rights & Obligations

Once a common-law marriage is valid in Texas, it carries many of the same rights and responsibilities as a formal marriage:

The couple may have their property considered community property, meaning assets and debts acquired during the marriage are shared.
Upon separation or death, the partner may have rights to spousal support, inheritance, and tax/benefit claims.
Ending a valid common-law marriage requires a formal divorce or annulment, just like any formal marriage.

Common Misconceptions

“We lived together for years so we must be married” → Not enough. Mere cohabitation without agreement + public holding-out doesn’t qualify.
“We will someday get married” → Not enough. The law requires the agreement to be married now.
“No ceremony = no marriage” → Wrong in Texas. A couple can be legally married without ceremony if they meet the legal test.

Practical Tips

If you want your relationship recognized as a common-law marriage, consider filing the declaration—it provides clear proof and date.
If you do not want to be legally married, avoid presenting yourselves as married (e.g., avoid joint tax filings as “married,” avoid listing each other as spouse on official documents) and keep documents/financials separate.
If you believe you may be in a common-law marriage (or that one existed) and separation or death is involved, consult a Texas family law attorney early—timing and evidence matter. For example, if more than two years pass after separation without action, a legal presumption may arise that no marriage existed.

Frequently Asked Questions (FAQ)

Q1: Do we need to live together for a specific number of years in Texas to be common-law married?
A1: No. Texas law has no fixed time requirement. The key factors are agreement, cohabitation, and public representation.

Q2: Can same-sex couples form a common-law marriage in Texas?
A2: Yes. Since same-sex marriage is legally recognized, same-sex couples meeting the informal marriage criteria can have a common-law marriage.

Q3: If we break up, do we need a divorce?
A3: Yes. If a common-law marriage is valid under Texas law, it must be dissolved via divorce just like a formal marriage.

Q4: What evidence is used to prove a common-law marriage?
A4: Documents and testimony such as: jointly filed taxes as “married,” shared property or lease in both names, life insurance naming spouse, mutual bank accounts, representation to friends/family as husband/wife. Courts look at the totality of evidence.

Q5: If one moves out, how long do I have to act if I want to claim we were married?
A5: While Texas doesn’t set a strict deadline, if more than two years pass since separation and no action is taken, the law presumes no marriage existed.

Final Thoughts

In Texas, common-law marriage is a serious legal status—not just a romantic idea. If you and your partner agree to be married, live together as spouses, and act like spouses in public, Texas law may recognize you as married—with all the legal rights and obligations that come with it.

Whether you seek the protections of marriage or wish to avoid unintended legal consequences, understanding the law is vital. If you’re unsure, consider seeking professional advice to clarify your status and safeguard your interests.