Common Law Marriage in Texas: Definition, Requirements & Legal Implications
Texas is one of the few states that fully recognizes common law marriage, legally called an informal marriage, as a valid marital relationship under the Texas Family Code. This means that couples who meet the state’s legal requirements enjoy the same rights and responsibilities as those who held a formal ceremony and obtained a marriage license.
What Is a Common Law Marriage?
To establish a valid common law marriage in Texas, three elements must be proven:
- Mutual Agreement: Both partners agreed to be married.
- Cohabitation: The couple lived together in Texas as spouses.
- Representation: They represented to others that they were married—such as using the same last name, introducing each other as husband or wife, or filing joint taxes.
When all three elements exist, the couple is legally married under Texas law and must pursue a formal divorce to legally end the relationship.
Proving a Common Law Marriage
Disputes often arise after separation or death, when one partner claims a marriage existed and the other denies it. Evidence may include:
- Joint bank accounts or property ownership
- Shared insurance policies
- Tax filings as “married”
- Witness statements
- A Declaration of Informal Marriage filed with the county clerk
If the court determines a common law marriage existed, it carries the same property rights, inheritance rights, and divorce obligations as any other marriage.
When to Seek Legal Advice
If you believe you were in a common law marriage—or are facing a dispute over one—legal guidance can clarify your standing and protect your rights.
Kristin Kline helps clients in Houston and surrounding Texas communities understand how the law applies to their relationships and property. — Kristin
Frequently Asked Questions About Common Law Marriage in Texas
What is an Informal/Common Law Marriage and is it Valid in Houston, Texas?
Texas law recognizes an informal or common law marriage when two people agree to be married,
live together in Texas, and represent themselves publicly as a married couple. Once these conditions are met,
the relationship has the same legal weight as a licensed marriage.
Ask Kristin if your situation meets these criteria.
Is There a Time Limit to Establish a Common Law Marriage in West Houston, Texas?
There’s no time limit required to establish a common law marriage in Texas. The focus is on intent and conduct,
not duration. Some couples qualify after months, while others may never meet the legal test even after years.
Learn what really matters.
How Do You Prove a Common Law Marriage in Texas (Houston Divorce Lawyers)?
Evidence such as shared finances, joint tax filings, or witness testimony can help prove a common law marriage.
Couples may also file a Declaration of Informal Marriage with the county clerk.
Kristin can guide you on the documentation and next steps.
How Do I Legally End a Common Law Marriage in West Houston, Texas?
A valid common law marriage must be ended through a formal divorce.
Waiting more than two years after separating may trigger a presumption that no marriage existed, but the presumption
can be challenged with proper evidence. Kristin can help protect your rights.
Are Same-Sex Couples Eligible for Common Law Marriage in West Houston, Texas?
Same-sex couples have the same rights to establish a common law marriage in Texas as opposite-sex couples.
The same three elements apply: agreement, cohabitation, and public representation.
If your relationship began before 2015, extra documentation may help show recognition under current law.
Schedule a consultation to review your options.
Disclaimer
These answers summarize Texas law based on guidance from the Texas State Law Library and the Texas Family Code.
They are for educational purposes only and not legal advice.