Many Texans are unaware that a legal marriage can exist in the state without a formal wedding ceremony or marriage license. If you’re unsure whether your relationship qualifies as a common law marriage in Texas, consult an experienced family law attorney from Sanchez & Farrar PLLC. Call us today at (512) 379-6985 for a free consultation.
Common law marriage, or informal marriage, creates the same legal rights and responsibilities as a traditional ceremonial marriage. What surprises many of our clients is that Texas is one of only a handful of states that still recognizes these marriages.
Under Texas Family Code Section 2.401, you can establish a valid marriage without ever setting foot in a courthouse or having a ceremonial wedding. We’ve helped countless couples understand their marital status and protect their rights, whether they’re seeking to prove or disprove an informal marriage.
Texas law sets out three specific requirements that must all be met for a common law marriage to be legally recognized. We’ve helped numerous couples understand whether their relationship meets these legal standards, and we know that each element requires careful consideration and evidence.
The three requirements for common law marriage in Texas are:
Your agreement to be married doesn’t need to be written down or witnessed by anyone, though having documentation certainly helps. Living together means more than just sharing an address; it means living as a married couple would. As for holding out, you need to present yourselves to the community as married, not just to close friends or family. However, we often see couples struggle to prove this element existed, especially when one party denies there was ever an agreement.
When we work with clients who need to establish their common law marriage, we look for specific types of evidence that Texas courts find persuasive. Documentation plays a vital role in proving that your marriage exists, especially if your partner disputes it or has passed away.
Evidence that can help establish your informal marriage includes:
We’ve seen cases succeed or fail based on the strength of evidence presented. One invaluable piece of evidence is the Declaration of Informal Marriage form available through Texas Vital Statistics. Under Section 2.402 of the Texas Family Code, filing this declaration with your county clerk creates a rebuttable presumption that your marriage exists. Many couples are unaware of this option until they consult with us, but it can provide invaluable protection for your rights.
You should know that Texas law includes important time restrictions for asserting common law marriage claims. If you separate and don’t file a proceeding to prove your marriage within two years, the law presumes no marriage existed. We’ve helped clients overcome this presumption, but it requires strong evidence.
Your informal marriage carries the same legal weight as any ceremonial marriage in Texas. You’ll need a formal divorce to end the relationship, and you have the same rights to property division, spousal support, and inheritance. We often work with clients who didn’t realize they needed a divorce until they tried to remarry or learned they were excluded from a deceased partner’s estate.
Whether you need to establish your common law marriage for inheritance purposes, prove it exists for a divorce, or defend against a claim that you’re informally married, our experienced attorneys at Sanchez & Farrar PLLC can help protect your interests.
Contact us to schedule your free consultation with our experienced Texas family lawyer who understands the challenges of informal marriage law.
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.
