Many Texans are surprised to learn that you don’t need a wedding or a marriage license to be considered legally married in the eyes of the law. Texas is one of a few states that recognize common law marriage, also called an informal marriage. But simply living together doesn’t make it official—certain legal requirements must be met.
What Is Common Law Marriage?
Under Texas law, a couple can be considered legally married without a ceremony or license if they meet three key criteria:
- Agreement to be married
- Living together in Texas as spouses
- Representing to others that you are married
All three must be true at the same time. If even one element is missing, the relationship likely doesn’t qualify as a common law marriage.
Examples of Holding Out as Married
“Representing to others” that you are married can include:
- Introducing each other as husband or wife
- Filing joint taxes
- Sharing a last name
- Joint bank accounts, leases, or insurance policies
Do You Have to Register?
No, registration is not required—but couples can file a Declaration of Informal Marriage at the county clerk’s office, which can help avoid disputes later, especially when legal rights or property are at stake.
Can a Common Law Marriage Be Ended?
Yes. A common law marriage must be legally dissolved just like a formal marriage. That means you may need to file for divorce to divide property, assign debts, or establish child custody and support.
It’s important to know that you only have two years from the date you separate to prove a common law marriage in court. After that, the law presumes there was no marriage.
Why It Matters
Establishing whether or not a common law marriage existed can affect:
- Property division
- Inheritance rights
- Retirement benefits
- Spousal support
- Child custody and support
If you believe you were in a common law marriage—or someone is claiming that you were—it’s important to seek legal advice.
Need Help Navigating a Common Law Marriage?
Whether you’re trying to establish a common law marriage or need to protect your rights in a breakup, Haugen Law Firm, P.C. is here to guide you. At Haugen Law Firm, P.C., we’re proud to serve families and individuals across Denton, Collin, Cooke, Dallas, and Tarrant Counties with trusted legal guidance in family law, criminal defense, and estate planning. If you have questions about your legal rights or need personalized support, our dedicated team is here to help. Contact us today!