Many couples in Texas live together for years without a formal wedding ceremony, leading them to wonder about their legal status. Common law marriage, also called informal marriage, creates legally binding marital rights and responsibilities without the traditional marriage license and ceremony.
A family law attorney can help you figure out whether your relationship qualifies as a common law marriage in Texas
Texas stands among the few states that still recognize common law marriages. A lawyer helping clients understand their marital status will explain that Texas law treats informal marriages the same as ceremonial marriages once established.
Couples in common law marriages have identical rights regarding property division, spousal support, and inheritance as those who went through formal ceremonies.
An attorney will clarify that simply living together, even for decades, doesn’t automatically create a common law marriage. Texas requires specific elements that must all be present simultaneously for a valid informal marriage to exist.
A family law lawyer will outline the three requirements of Texas family law (Sec. 2.401) that establish common law marriage. An attorney reviewing a potential common law marriage case will look for evidence supporting each element:
The agreement to marry doesn’t need to be written, though having documentation certainly helps. Living together means cohabitation as spouses, not just roommates sharing expenses. Holding out involves telling family, friends, and the community that you’re married.
When couples need to prove their informal marriage exists, an experienced family law lawyer will help gather supporting documentation. Evidence they may use to verify you qualify might include the following:
After assembling evidence, a family law attorney might recommend filing a Declaration of Informal Marriage with the county clerk. While not required, having this official document makes proving the marriage much simpler for matters like divorce proceedings or inheritance claims.
A knowledgeable lawyer frequently corrects misunderstandings about Texas common law marriage. One persistent myth suggests couples become common law married after living together for a certain number of years—often cited as seven years. An attorney will explain that no specific time requirement exists; couples can establish common law marriage in months or never establish one despite decades together.
Another misconception involves the belief that common law marriages don’t require formal divorce proceedings. A family law attorney emphasizes that ending any valid marriage in Texas, whether formal or informal, requires proper legal dissolution through the court system.
Whether you’re trying to establish or disprove a common law marriage, professional legal guidance makes a significant difference.
For more information, contact our family law attorneys at Sanchez & Farrar PLLC to discuss your situation and schedule a consultation. We serve Austin, New Braunfels, and throughout Texas.
Sanchez & Farrar PLLC – Austin Office
314 E Highland Mall Blvd
Austin, TX 78752
(512) 379-6985
Sanchez & Farrar PLLC – New Braunfels Office
To learn more about the services offered by Sanchez & Farrar, PLLC, call our firm or send us an email. We have offices in New Braunfels and Austin.
