Common Law Marriage in Texas: Legal Requirements and Exceptions

Texas is one of the few U.S. states that legally recognizes common law marriage, sometimes referred to as “informal marriage.” This can be great news for long-term couples who live together and consider themselves married—but there are specific conditions that must be met for the union to be legally valid.

In this article, we’ll explain the legal requirements for a common law marriage in Texas, how to prove it, how to dissolve it, and important exceptions you should know about.

Is Common Law Marriage Legal in Texas?

Yes, Texas does recognize common law marriage (also known as informal marriage under Texas law). This type of marriage grants a couple the same legal rights and responsibilities as a formally married couple—if certain legal criteria are met.

Legal Requirements for Common Law Marriage in Texas

To have a legally valid common law marriage in Texas, the couple must meet all three of the following conditions:

1. Agreement to Be Married
   Both individuals must agree that they are married.
2. Cohabitation in Texas
   The couple must live together as spouses in Texas after making the agreement to be married.
3. Public Representation
   They must present themselves to others as a married couple. This includes things like:
   • Referring to each other as husband or wife
   • Filing joint tax returns
   • Sharing a last name
   • Adding a partner to insurance or lease agreements

If even one of these elements is missing, the relationship does not qualify as a legal common law marriage in Texas.

How to Prove a Common Law Marriage in Texas

To formalize or prove your common law marriage, you can:

1. File a Declaration of Informal Marriage

Couples may file a form with the county clerk’s office to officially declare their informal marriage. This document carries the same legal weight as a traditional marriage certificate.

2. Present Evidence in Court

If the marriage is challenged (e.g., during separation or probate), the court may consider:

• Joint bank accounts or lease agreements
• Testimony from friends or family
• Shared tax returns
• Documentation showing both people used the same last name

Important Exceptions and Limitations

• Age Requirement: Both parties must be at least 18 years old.
• Marital Status: Neither party can be currently married to someone else.
• Time Limit for Proof After Separation: If a couple separates, they have two years to file a legal claim proving their common law marriage. If no claim is made in that time, Texas law assumes there was no common law marriage.

How to End a Common Law Marriage in Texas

Dissolving a common law marriage is not as simple as just breaking up. Because the state views it as a legal marriage, couples must go through a formal divorce to end the relationship and divide property or determine child custody.

Final Thoughts

Texas is one of the few states that still legally recognizes common law marriage, offering couples a non-traditional route to marital recognition. But you must meet all legal criteria—and be prepared to go through a divorce if the relationship ends.

If you’re in a long-term relationship and unsure whether you’re in a common law marriage, it’s wise to consult a family law attorney and consider filing a Declaration of Informal Marriage for clarity and legal protection.

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