How Do Common Law Marriages Work In Texas

Under Texas law, a couple can be considered legally married without a ceremony or marriage license—this is known as an informal marriage, or common law marriage. While not every state recognizes it, Texas residents should understand that a common law marriage may carry the same legal weight as a traditional ceremonial marriage, and with it, the same rights and responsibilities.

In this article, we’ll walk you through:

• Does Texas Recognize Common Law Marriage

• What Is Considered Common Law Marriage in Texas

• Rights and Responsibilities of Common Law Spouses

• How to Prove the Marriage

• Challenges of Common Law Marriages

• Ending a Common Law Marriage

• How Many Times Can You Get Married in Texas

Whether you're trying to prove the marriage, determine the existence of a common-law marriage, or learn how to get a legal marriage date, we’ll cover it all.

Does Texas Recognize Common Law Marriage?

Common law marriage is a legal term used to describe a type of marital relationship in which a couple is considered married even though they did not obtain a marriage license or have a formal wedding ceremony.

In a common law marriage, also known as informal marriage or marriage without formalities, the couple is recognized as legally married if they meet certain requirements, such as living together for a certain period of time and holding themselves out as spouses to others.

Common law marriage is recognized in a few U.S. states and can have important legal implications for the couple, including property rights and the ability to file taxes jointly.

It’s also worth noting that Texas recognizes common law marriages for same-sex couples, too, following the Supreme Court’s 2015 ruling that legalized same-sex marriage across the country. So, whether you’re heterosexual or same-sex, the requirements for common law marriage in Texas are the same.

But be careful—if you later want to part ways, the state still sees your informal marriage as legally binding. That means you’ll need to file for divorce or risk facing complications, like one partner claiming the marriage never existed. That’s why understanding the ins and outs of common law marriage is so important.

What Is Considered a Common Law Marriage in Texas?

In Texas, common law marriage is a legal status that recognizes couples who have lived together and presented themselves to the community as married for a significant period of time. While no specific length of time is required for a common law marriage to be recognized, the couple must meet certain criteria.

To establish a common law marriage in Texas, the couple must satisfy three elements:

• They must agree to be married: The couple must have a present intent to be married, meaning they have agreed to be married and hold themselves out to others as a married couple.

• They must live together: The couple must live together in Texas as husband and wife for an extended period of time without any separation or divorce proceedings.

• They must present themselves as married: The couple must hold themselves out to others as married, meaning they use the same last name, refer to each other as husband and wife, and file taxes jointly.

In addition to these three requirements, the couple must also meet certain legal criteria. They must both be over 18 years old and not already married to someone else. They should not be related by blood or adoption and must have the mental capacity to understand what it means to be in a marital relationship.

If all three are true, Texas family law says that a common law marriage can be established—and you’re considered married under common law in the eyes of the law.

To make it official, some couples complete a Declaration of Informal Marriage form—that’s called marriage by filing a declaration with their county clerk. It’s not required, but it can help later if you need to prove the marriage or are facing divorce in Texas.

In Texas, common law marriages are treated the same as traditional marriages when it comes to property rights and responsibilities in divorce or death situations. This means that if one partner dies without a will or estate plan in place, the surviving partner may inherit their assets just like they would in a traditional marriage.

It's important to note that simply living together for a certain amount of time does not automatically create a common-law marriage in Texas; the couple must also satisfy the other requirements. Common law marriage in Texas can have important legal implications, including property rights, inheritance, and the ability to file taxes jointly.

Rights and Responsibilities of Common Law Spouses

In Texas, common law spouses have the same legal rights and responsibilities as formally married couples. If a couple meets the requirements for a common law marriage in Texas, they are considered legally married and are entitled to the same legal protections and benefits as any other married couple. The rights and responsibilities of common law spouses in Texas include:

Property Rights

Common law spouses have the right to own and manage property together, and in the event of a divorce or separation, the marital property will be divided equitably between the spouses. However, it's important to note that if one spouse owned property before the marriage, that property is typically considered separate property and not subject to division.

Inheritance Rights

If one spouse dies without a will, the surviving spouse is entitled to a portion of the deceased spouse's property under Texas intestacy laws.

Spousal Support

Common law spouses may be entitled to spousal support (also known as alimony) in the event of a divorce or separation, depending on factors such as the length of the marriage and the earning capacity of each spouse.

Medical Decision-making

Common law spouses have the right to make medical decisions for each other if one spouse becomes incapacitated.

Child Custody and Support

Common law spouses who have children together have the same rights and responsibilities as formally married couples regarding child custody and support.

Unlike formally married couples, common law spouses do not have a marriage certificate, so they may need to provide other evidence of their marriage, such as joint bank accounts or testimony from witnesses, in order to prove their marriage in court.

Additional Reading: You should also read about What Is Joint Custody in Texas: Rights, Responsibilities, and What to Expect.

How to Prove a Common Law Marriage in Texas

Like any legal marriage, common law marriage in Texas can be complex and the parties will benefit greatly from the assistance of an experienced family law attorney. This can be especially true in situations such as divorce, where property division and other legal issues may need to be addressed.

Proving a common law marriage in Texas can be challenging, as there is no marriage certificate to establish a legal marriage. However, there are several types of evidence that can be used as proof of marriage. Some of the key types of evidence include:

• Testimony from witnesses: Witnesses who knew the couple and can testify to their relationship and living arrangements can be an important form of evidence. This can include friends, family members, co-workers, or others who had regular contact with the couple.

• Joint tax returns: If the couple filed joint tax returns, this can be used as evidence of a common law marriage.

• Joint bank accounts: If the couple shared a joint bank account, this can be used as evidence of a common law marriage.

• Lease or rental agreements: A lease or rental agreement that lists both partners as tenants can be used as evidence of a common law marriage.

• Insurance policies: If the couple had joint insurance policies, such as life or health insurance, this can be used as evidence of a common law marriage.

• Bills and other documents: Any documents that list both partners as living at the same address can be used as evidence of a common law marriage, including utility bills, medical bills, and credit card statements.

Couples may also want to consider creating a written agreement that outlines their living arrangements and intent to be married. In the event of a legal dispute, a family law lawyer can use these as evidence of a common law marriage. By documenting their relationship and living arrangements, couples can help ensure that their common law marriage is recognized and protected under Texas law.

Challenges of Common Law Marriage

Common law marriages can be challenging to navigate, especially when it comes to legal issues such as property division and inheritance.

One of the biggest challenges of common law marriage in Texas is proving that the couple was indeed married. Unlike traditional marriage relationships, where there are documents and witnesses to attest to the union's legality, common law marriages rely heavily on evidence collected by lawyers and parties involved. This means that if one partner disputes the existence of the marriage, it can be difficult to prove otherwise.

Another challenge associated with common-law marriages in Texas is determining when such unions began. To qualify for a common-law marriage under Texas Law, couples must have agreed to be married at some point in time while they were living together as spouses. Establishing the exact date when this agreement occurred can be complicated, especially if no witnesses or documentation are available.

While common law spouses in Texas have the right to own and manage property together, it can be difficult to determine what is considered joint property and separate property. This can lead to disputes over property rights in the event of a divorce or separation.

Furthermore, while common law marriage is recognized in Texas, it is not recognized in all states. This means that if a couple moves to a state where common law marriage is not recognized, they may not be considered legally married in that state.

Additional Reading: You might also want to take a look at Securing Your Future: How to Get a Prenuptial Agreement with Confidence.

Ending a Common Law Marriage in Texas

In Texas, this informal marriage form can be legally dissolved in the same way as a formal marriage. This means that if a couple in a common law marriage wishes to end their relationship, they must go through the legal process of a regular divorce and can be assisted by a divorce lawyer who can plead their case.

In terms of the division of property and other assets in a common law marriage in Texas, the process is similar to that of a formal valid marriage. Texas is a community property state, which means that property acquired during the marriage is considered joint property and must be divided equitably between the spouses in the event of a divorce. This includes property such as homes, cars, bank accounts, and other assets.

It's important for couples in a common law marriage to keep records of their joint property and assets, as this will be used in the process of dividing property during a common law marriage divorce. By following the legal process for ending a common law marriage in Texas and working together with a common law marriage attorney, couples can ensure that their common law divorce is handled fairly and that their legal rights are protected.

How Many Times Can You Get Married in Texas?

If you're wondering how many times you can legally get married in the state of Texas, the short answer is—as many times as you want, as long as you follow the legal requirements each time. There’s no legal limit, but Texas does have marriage laws you’ll need to stick to, especially if a previous marriage existed.

Here’s what you should know:

• You must file for divorce before getting remarried—whether your last marriage was formal or a common law marriage. Texas won’t recognize a new marriage if a common law marriage existed and hasn’t been legally ended.

• According to the Texas Family Code, even a common law married couple in Texas must formally dissolve the marriage through court. The Texas statutes require that each new marriage meet specific requirements, whether it’s a ceremony or obtaining a marriage license, or filing a declaration of informal marriage form.

Whether you’re having a big wedding or planning an informal marriage with your county, just make sure the previous marriage is legally over. That way, your new relationship is valid in the eyes of the law, and you avoid any messy legal surprises down the road.

So yes, you can get married many times in Texas—but each marriage must follow the rules. And that includes common law!

Figuring Out Common Law Marriage in Texas? Let’s Get It Sorted Together

At Beecher Law Firm, we know Texas family law inside and out—including all the ins and outs of common law marriage. If you're wondering whether a couple is common law married, how to file with the county clerk, or what’s involved in proving a common-law marriage, we’re here to make it easier. Whether it’s dissolving a common law marriage or understanding the common law marriage requirements, we’ll walk you through it step by step.

But that’s not all we do. We also help clients navigate divorce in Texas, tackle custody arrangements, and create solid estate plans to protect what matters most. We bring real, practical guidance to every case—whether it’s legal marriage without the paperwork or more traditional routes.

Let’s talk—your peace of mind starts here.

Post Update: The article was updated on May 19th, 2025, and originally published on May 18th, 2023. It has been completely revamped and updated for accuracy and comprehensiveness.