Texas is one of the few states where common law marriage—called “informal marriage”—is still fully recognized. That can be surprising (and risky) for couples who live together but do not want to be legally married.
Many people in Texas accidentally create a legal marriage without realizing it—only to discover the consequences during a breakup, property dispute, or inheritance issue.
This guide explains how common law marriage works in Texas and, most importantly, how to avoid it—in simple, easy-to-understand language for everyday readers and legal professionals alike.
What Is Common Law (Informal) Marriage in Texas?
In Texas, a couple can be legally married without a wedding or marriage license if all three of the following are true:
- You agree to be married
- You live together in Texas as spouses
- You represent to others that you are married
If these three elements exist—even briefly—a Texas court may find that a valid marriage was created.
Why Avoiding Common Law Marriage Matters
If a common law marriage is found to exist, then:
- A formal divorce is required to end the relationship
- Property may be divided under Texas community property laws
- One partner may claim spousal support
- Inheritance and survivor rights may apply
For couples who never intended to marry, this can be a serious and expensive surprise.
Step 1: Do NOT Agree to Be Married
This Is the Most Important Rule
Common law marriage in Texas starts with mutual intent.
To avoid it:
- Never say “we are married”
- Never agree (even casually) that you are spouses
- Avoid statements like “we’re basically married anyway”
Even private conversations, texts, or emails can later be used as evidence.
👉 If there is no agreement to be married, common law marriage cannot exist.
Step 2: Be Careful How You Describe Your Relationship
Texas courts heavily rely on how you present yourselves to others.
Avoid:
- Calling each other “husband” or “wife”
- Introducing each other as a spouse
- Using the same last name
- Signing documents as married
Use Instead:
- “Boyfriend / Girlfriend”
- “Partner”
- “Significant other”
- “Fiancé” (if applicable)
Consistency matters. Mixed signals create legal risk.
Step 3: Do NOT File Joint Tax Returns as Married
Filing taxes as “married” is strong evidence of marriage.
To avoid common law marriage:
- File as single or head of household (if eligible)
- Never file “married filing jointly” unless legally married
Tax filings are often decisive evidence in court.
Step 4: Avoid Documents That Call You Married
Be cautious with paperwork such as:
- Employment records
- Health insurance forms
- Lease or mortgage applications
- Loan documents
Always list your relationship accurately. If a form asks for marital status, choose single if you are not married.
Step 5: Sign a Cohabitation Agreement (Strongly Recommended)
A cohabitation agreement is one of the best ways to avoid accidental marriage claims.
It can clearly state:
- You are not married
- You do not intend to be married
- How property and expenses are handled
- What happens if the relationship ends
Texas courts generally respect clear written agreements.
Step 6: Keep Property Ownership Clear
To reduce risk:
- Keep major assets titled in individual names
- Clearly document ownership shares
- Avoid vague “everything is ours” language
Shared property alone does not create marriage—but it can support a claim when combined with other factors.
Step 7: Avoid “Spouse-Like” Public Behavior
Courts look at public behavior, including:
- Social media posts
- Event introductions
- School or medical forms
Avoid:
- “My husband” / “my wife” captions
- Anniversary posts referring to marriage
- Allowing others to publicly describe you as married without correction
Silence can sometimes be taken as agreement.
Step 8: If You Plan to Marry Later, Say So Clearly
Texas courts distinguish between:
- “We are married” (dangerous)
- “We plan to marry someday” (generally safe)
Make sure future intent is clear and documented if needed.
What Does NOT Create Common Law Marriage by Itself
These alone do not create common law marriage in Texas:
- Living together for many years
- Having children together
- Sharing expenses
- Being emotionally committed
But combined with intent and public representation, they can become risky.
What If Someone Claims You’re Common Law Married?
If a dispute arises:
- Evidence matters
- Dates matter
- Consistency matters
Texas also has a two-year limitation rule:
If a couple separates and no legal action is filed within two years, the law may presume no marriage existed—unless proven otherwise.
Why This Topic Is Important for Texas Law Practices
Common law marriage claims frequently appear in:
- Divorce and property disputes
- Probate and inheritance cases
- Spousal support claims
- Oil, gas, and real estate ownership disputes
Clear counseling can prevent costly litigation.
Frequently Asked Questions (FAQ)
Can I live with my partner in Texas without being married?
Yes—but you must avoid agreeing to be married and presenting yourselves as spouses.
Is calling someone “my partner” safe?
Generally, yes. “Partner” does not automatically imply marriage.
Is a cohabitation agreement legally enforceable in Texas?
Yes, in most cases.
Can social media create a common law marriage?
It can be used as evidence if it suggests you are married.
How do I fully avoid common law marriage?
No agreement to marry + no public representation + clear documentation.
Final Thoughts
Texas common law marriage is real—and easy to create by accident.
To avoid it:
- Be clear in words and actions
- Avoid calling yourselves married
- Document your intent
- Use legal agreements when needed
For couples, clarity prevents future conflict. For legal professionals, education prevents costly surprises.
If you are unsure about your situation, speaking with a Texas family law attorney can help protect your rights.