Common Law Marriage

Common Law Marriage in Texas

Texas Family Law and Informal Marriages

Common law marriage, sometimes called informal marriage, is a form of interpersonal status which is legally recognized as a marriage even though no marriage ceremony is performed and no marriage license issued. In Texas, to establish a common law marriage proof must show that husband and wife agreed to be married, represented to others that they were married, and lived together in the state of Texas.

Contrary to popular belief, there is no requirement in Texas for a certain time length or duration of a common law marriage. Even a short relationship might meet the threshold for a common law marriage. And, on the other hand, a very long-term relationship might never rise to the level of requirements of common law marriage.

To prove a common law marriage a party might look to documentary evidence such as joint tax returns representing married status, health insurance which lists the other party as spouse, or hotel registrations which list the parties as sharing a last name.

Where two parties met the elements of common law married in the past, but for 2 years or more they have not met the requirements, the law provides a presumption that they are no longer common law married. In other words, if two people lived together, agreed to be married, and told others they were married in the past, and then they broke up, separate, and stopped representing to others that they were married, then the law provides that they are no longer common law married and their legal status returns to unmarried.

Divorce in Common Law Marriages

However, divorce as it relates to common law marriage is the same as with any other marriage. Once a common law marriage is established, divorce laws apply to end the marriage, carry out property and asset division, and address children’s needs just the same as they would to a ceremonial marriage.  Common law marriages that involve individuals with high assets or who own businesses will follow the traditional divorce procedures.