Many couples in Texas live together for years, share finances, raise children, and present themselves as married—without ever having a formal wedding. This often leads to an important legal question: Are we married under Texas law?
Texas is one of the few states that recognizes common law marriage, officially known as informal marriage. While it can provide the same legal rights as a traditional marriage, it also creates confusion, especially when relationships end or a partner passes away.
This guide explains what common law marriage in Texas is, how it works, how it’s proven, and why it matters, in clear language for everyday people and practical insight for legal professionals.
Understanding Common Law Marriage in Texas
A common law marriage in Texas is a legally recognized marriage without a wedding ceremony or marriage license, as long as specific requirements are met.
Texas law treats a valid common law marriage the same as a formal marriage. That means spouses have rights related to:
- Property division
- Inheritance
- Divorce
- Spousal support
- Benefits and insurance
There is no such thing as “almost married” under Texas law. Either the legal requirements are met, or they are not.
Is Common Law Marriage Legal in Texas?
Yes. Texas fully recognizes common law marriage, calling it an informal marriage under the Texas Family Code.
However, simply living together for a long time does not automatically create a marriage. Many people wrongly assume that time alone makes them legally married. In Texas, that is not true.
The Three Legal Requirements for Common Law Marriage in Texas
To be considered legally married under Texas common law, all three of the following conditions must be met:
- Agreement to Be Married
Both partners must agree that they are married. This agreement can be:
- Written
- Spoken
- Shown through actions
There must be a mutual understanding, not just one person believing they are married.
- Living Together in Texas as a Married Couple
The couple must:
- Live together in Texas
- Act like a married couple
There is no minimum time requirement. A common law marriage can exist after a short period if all conditions are met.
- Holding Yourselves Out as Married
This means telling others that you are married. Examples include:
- Introducing each other as husband or wife
- Filing joint tax returns
- Using the same last name
- Listing each other as spouses on insurance or benefits
- Referring to each other as spouses on social media
Private belief is not enough. The relationship must appear married to the public.
What Does NOT Create a Common Law Marriage?
Many common situations do not qualify on their own, including:
- Living together for many years
- Having children together
- Sharing bills or bank accounts
- Being engaged
- Calling each other “partner”
Without all three legal elements, a common law marriage does not exist.
How to Prove a Common Law Marriage in Texas
Proving a common law marriage often becomes important during:
- Divorce
- Inheritance disputes
- Property division
- Insurance claims
Common Evidence Used
- Joint tax returns
- Lease or mortgage documents
- Insurance policies listing spouse
- Testimony from friends or family
- Employment or benefit records
- Social media posts referring to marriage
Courts look at the total picture, not just one document.
Declaration of Informal Marriage
Texas allows couples to sign a Declaration of Informal Marriage with the county clerk.
This document:
- Officially recognizes the marriage
- Eliminates future disputes
- Provides clear legal proof
While not required, it is highly recommended for couples relying on common law marriage.
Common Law Marriage and Divorce in Texas
If a common law marriage exists, it must be legally ended through divorce, just like a traditional marriage.
Important Points
- You cannot simply “break up”
- Property division follows Texas community property rules
- Child custody and support apply the same way
Many people are shocked to learn they are legally married and must go through divorce proceedings to separate.
Property Rights in Texas Common Law Marriage
Texas is a community property state.
This means:
- Most property acquired during the marriage belongs to both spouses
- Debts may also be shared
In common law marriage, property rights are identical to formal marriage, once the marriage is legally established.
Common Law Marriage and Inheritance
A surviving spouse in a Texas common law marriage may have rights to:
- Inherit property
- Receive retirement benefits
- Make medical decisions
- Claim wrongful death benefits
However, proving the marriage after a partner’s death can be difficult without documentation.
Time Limits for Claims
Texas law includes an important rule:
If a couple separates and no legal action is filed within two years, the law may assume no marriage existed.
This time limit can be critical in disputes over property or inheritance.
Common Law Marriage and Children
Children born to a couple in a common law marriage have the same legal rights as children born to formally married parents.
Courts handle:
- Custody
- Visitation
- Child support
based on the best interests of the child, not how the marriage was formed.
Common Myths About Common Law Marriage in Texas
Myth 1: Living Together for 7 Years Means You’re Married
False. Texas has no time requirement.
Myth 2: Having Kids Automatically Makes You Married
False. Children do not create a marriage.
Myth 3: Common Law Marriage Is “Less Real”
False. It has the same legal power as formal marriage.
Myth 4: You Can Avoid Divorce If It Was Common Law
False. Divorce is still required.
Why Common Law Marriage Matters in Personal Injury Cases
In personal injury and wrongful death cases, marital status can affect:
- Who can file a claim
- Who receives compensation
- Loss of consortium claims
Lawyers often must establish whether a common law marriage exists to protect a client’s rights
How Attorneys Use Common Law Marriage Claims
For law practices, common law marriage issues often arise in:
- Divorce litigation
- Estate disputes
- Injury claims
- Family law cases
Clear evidence and early legal guidance can prevent costly conflicts.
Should You Talk to a Lawyer?
If you believe you may be in a common law marriage—or want to avoid one—it is wise to consult an attorney.
A lawyer can:
- Review your situation
- Explain your rights
- Help establish or challenge a marriage claim
- Protect your financial and parental interest
Frequently Asked Questions (FAQs)
- Is common law marriage automatic in Texas?
No. All legal requirements must be met.
- Do we need to live together for a certain number of years?
No minimum time is required.
- Can one partner claim common law marriage without the other?
It’s difficult and depends on evidence.
- Can same-sex couples have common law marriage in Texas?
Yes. Same-sex couples have equal rights under Texas law.
- Do we need a divorce to end a common law marriage?
Yes, if a legal marriage exists.
Final Thoughts
Common law marriage in Texas is real, powerful, and often misunderstood. While it offers flexibility for couples, it also carries serious legal consequences. Property rights, divorce obligations, and inheritance claims can all hinge on whether a common law marriage exists.
For individuals, understanding these rules helps avoid surprises.
For law practices, clarity around common law marriage protects clients and strengthens legal strategy.
If you live together in Texas and present yourselves as married, you may already be legally married—whether you realize it or not.