Common Law Marriage in Texas

When someone says the word "wedding," most people think of a ceremony with cake, fancy clothes, "I do," photos, and a herd of guests all dressed to the nines. Turns out, though, a ceremony isn't actually required to make it official. In fact, to get married in Texas, formalities of any kind aren't required—not even a courthouse. A marriage that doesn't require formalities of any kind is called a common-law marriage—or rather, an "informal" marriage—and is a completely valid method of getting hitched in Texas.

Common-Law Marriage in Texas

Known as an "informal marriage," a common-law marriage is a wedding that has no formal process, does not require a marriage license, and really only takes two consenting adults to make it happen. According to the Texas Family Code, in order to make a common law marriage official, a couple should: agree that they are married; live together as a couple in the state afterward; and tell other people they were married.

To satisfy element one, both partners need to agree that they are married—not that they want to get married at some arbitrary, future date—but that from that point forward, they actually are married. After making the agreement, the next step is to live together as a couple in the state. Finally, the couple must hold themselves out as being married—such as by filing jointly for taxes, taking each other's name, having joint insurance, or buying a home together.

Limitations to Common Law Marriage

In addition to the three qualifying elements, there are also limitations that must be satisfied. A union that meets all the other elements of a common-law marriage might still be invalid if the individuals are: under eighteen; related to each other; or already married to someone else. Additionally, Texas courts require you to file a claim within a certain number of days of breaking up—generally, if you move out and do not file for divorce within two years, Texas courts will assume that your informal marriage was not valid.

Common-Law Marriage and Divorce

While the state allows couples to get married without going through a formal process, there is no such thing as a "common law divorce." In order to end a common law marriage, couples must go through the same divorce process as traditionally married partners. Meaning the rules of community property, fault vs. no-fault, child custody, and alimony are applied the same, however you were married.

Common-Law Marriage Attorneys in Texas

Determining when a common-law marriage began can be tricky, however, it may also be vitally important when it comes to both divorce and inheritance rights. If you have more questions about common law marriage and how it might apply to your situation, call us at (972) 436-8000, or schedule a consultation online, and let our highly skilled family law attorneys help.