How does Texas law treat common-law marriages?

You might assume only a ceremony and license make a marriage valid, but Texas law disagrees. The state recognizes common-law marriage, or informal marriage, as legally equal to formal marriage. Understanding how it works helps you avoid legal uncertainty and protect your interests.

Requirements for common-law marriage

Texas law enforces three specific conditions to establish a common-law marriage. First, both individuals must agree to marry. Second, they must cohabit in Texas while holding themselves out as married. Third, they must present themselves to others as a married couple. All three conditions must occur simultaneously. If any condition is missing, the law does not recognize the relationship as a marriage.

Proving a common-law marriage

Although Texas does not require a wedding, you still need proof to validate a common-law marriage. Courts examine evidence like joint tax returns, shared bank accounts, or the use of a shared last name. Statements from friends or relatives can strengthen your claim. If both partners signed a Declaration of Informal Marriage with the county clerk, that document strongly supports the existence of a legal marriage.

Ending a common-law marriage

When a common-law marriage ends, one party must still file for divorce. Texas does not treat these unions as informal breakups. To maintain the marriage’s legal recognition, one partner must file within two years after separation. If no one files, courts may conclude no marriage ever existed. Divorce rules for property division, custody, and support apply the same way they do in formal marriages.

Common-law marriage gives you real legal rights and responsibilities. If you qualify, you may claim spousal support or a share of community property. However, you also accept legal duties, such as debt liability and the need for divorce proceedings. By understanding your legal position, you can make smarter personal and financial decisions.