In Texas, common-law marriage is legally recognized and treated the same as a traditional marriage in many respects. That means if you meet the state’s requirements, your relationship may have the same legal rights and responsibilities as a formal marriage with a license and ceremony.
What qualifies as a common-law marriage in Texas?
To be considered legally married under common law in Texas, three key elements must be met:
- Both partners agree to be married.
- The couple lives together as spouses.
- They represent themselves to others as married.
All three must be present at the same time. Simply living together or having a long-term relationship isn’t enough. If you tell others you’re married, file taxes jointly, or introduce your partner as your spouse, those are all actions that help prove a common-law marriage exists.
Texas does not require a minimum amount of time living together to establish this type of marriage.
How do you prove a common-law marriage?
If both parties agree they were common-law married, they can sign a Declaration of Informal Marriage at the county clerk’s office. This document serves as legal proof of the marriage, just like a traditional marriage certificate.
If there’s a dispute, and no declaration was filed, you may need to go to court to prove the relationship. Courts look at evidence like joint bank accounts, shared leases, use of the same last name, or anything showing the couple presented themselves as married. The burden of proof falls on the person claiming the marriage exists.
What happens if a common-law couple separates?
Just like traditional marriages, common-law marriages must be formally ended through divorce. You can’t just walk away from the relationship without legal consequences. If you don’t file for divorce within two years of separating, Texas law may assume you were never married, unless you can prove otherwise.
This makes it important to address issues like property division, spousal support, and custody if children are involved. Without a legal divorce, you may run into problems when trying to remarry or resolve financial matters.