Many couples in Texas live together and share their lives without ever having a formal wedding ceremony, having the same legal rights and responsibilities as traditionally married couples. Understanding the legal implications of common law marriage in Texas can help protect both partners’ interests and assets.
If you have questions about your relationship status or need guidance regarding common law marriage, an experienced family law lawyer could help you.
Does Texas Recognize Common Law Marriage?
Yes. Texas law gives common law marriages the same legal standing as ceremonial marriages, affording couples identical rights and responsibilities. Partners in a valid common law marriage are entitled to the same benefits concerning property ownership, inheritance, and medical decision-making as those in a traditional marriage.
What is Common Law Marriage in Texas?
Common law marriage in Texas represents a legally binding union between two people who have not obtained a marriage license or participated in a formal ceremony. The Texas Family Code (Sec. 2.401) establishes the framework for recognizing informal marriages. To establish a valid common law marriage in Texas, couples must meet the following eligibility requirements:
- Both parties must be at least 18 years old.
- Neither party can be currently married to someone else.
- Both individuals must have the legal capacity to consent to marriage.
- The couple cannot be related by blood or adoption in ways that would prohibit marriage.
Meeting these basic eligibility requirements alone doesn’t create a common law marriage. Couples must also satisfy additional legal elements that demonstrate their intent to be married and their presentation as a married couple to their community.
Legal Elements for Common Law Marriage in Texas
Beyond basic eligibility, Texas law mandates three specific elements that must exist simultaneously for a valid common law marriage. All three requirements must be present at the same time. The absence of even one element prevents the formation of a legally recognized informal marriage:
- Agreement to Be Married: Both parties must explicitly agree to be married to each other, not merely engaged or planning a future marriage.
- Living Together: The couple must cohabit in Texas as spouses, sharing a residence and life together.
- Representation to Others: Partners must hold themselves out to the public as married, introducing each other as spouses.
Couples who satisfy all three elements simultaneously create a valid informal marriage under Texas law. The burden of proving these elements falls on the party claiming the existence of a common law marriage, making documentation and evidence particularly important.
Proving Your State of Texas Common Law Marriage
Establishing common law marriage becomes imperative during property disputes, inheritance matters, child support, or when seeking divorce. A family law attorney can help file your Declaration of Informal Marriage required under Texas law, creating official documentation of your union. Evidence commonly used to prove a common law marriage in Texas includes:
- Joint tax returns filed as married.
- Insurance policies listing one party as a spouse.
- Lease agreements or mortgage documents showing both names.
- Testimony from friends and family about the couple’s relationship.
- Joint bank accounts or credit cards.
- Social media posts referring to each other as spouses.
- Employment records listing marital status.
Courts examine the totality of evidence when determining whether a common law marriage exists, considering both the quality and quantity of proof presented. Strong documentation significantly improves the chances of successfully establishing or defending against claims of informal marriage.
Ending Common Law Marriage in Texas
Common law marriages require the same formal divorce proceedings as ceremonial marriages. It involves filing petitions with the court and obtaining official divorce decrees. Couples cannot simply separate and consider themselves divorced, as the marriage remains legally valid until formally dissolved through proper legal channels.
Need to Prove or Disprove a Common Law Marriage? Contact a Texas Family Law Attorney
Whether you are seeking to prove the existence of a common law marriage or contest allegations that one exists, skilled legal representation is vital. The challenges of Texas common law marriage demand close attention to legal requirements and detailed documentation to protect your interests and secure the best possible outcome.
For more information, contact our divorce lawyers at KGK Family Law by calling (281) 598-6520 to discuss your situation and schedule a consultation with a team that understands the nuances of Texas’s informal marriage law.
We serve Houston, Sugarland, and throughout Texas. Visit any of our offices at:
KGK Family Law – Houston Office
7700 San Felipe St #505
Houston, TX 77063
KGK Family Law – Sugar Land
