In Texas, common law marriage is widely misunderstood.
People often talk about “real” marriage as being a marriage that was officiated by a religious or civil person in front of witnesses – and then there’s common law marriage, almost a “pseudo” marriage, or “less than” marriage. The reality is common law marriage is just as real and has the exact same force of the law as having a marriage license signed by an officiant.
What Texas Law Requires
An informal marriage, or common law marriage, exists only if all three of the following are true at the same time:
The couple agreed to be married
They lived together in the same residence in Texas as spouses
They represented to others that they were married
An Agreement to be Married
The most disputed issue in common law marriage cases is whether the couple actually agreed to be married.
An agreement to get married in the future is not sufficient to be common law married, which is why when a couple gets engaged, they are not married.
When relationships end, this element often becomes contested. One person may say there was an understanding of marriage, while the other insists the relationship was never meant to be legally binding. Without documentation, courts must decide whose version is more credible.
Living Together as Spouses
The law looks at whether the couple lived together as spouses. There is no minimum time requirement. Often people think you must live together for six or nine months before you are eligible for common law marriage. This myth is not true. You simply need to reside together as spouses.
Holding Out as Married
The third requirement, known as “holding out,” means presenting yourselves to others as married.
This can include introducing each other as husband or wife, filing joint tax returns, using the same last name, or consistently referring to each other as spouses in professional or social settings. Courts look for consistent, public representations. Isolated statements or private understandings are usually not enough.
Why Confusion Is Common
Many couples function like married couples without formalizing their status. They share responsibilities, finances, and long-term plans. From a practical standpoint, the relationship feels permanent.
Legally, permanence is not the standard.
Problems arise when the relationship ends, one partner dies, or a legal or financial issue requires proof of marital status. At that point, assumptions are replaced with legal scrutiny.
Proving Common Law Marriage Can Be Messy
A declaration removes ambiguity. It prevents later disputes about whether a marriage existed. It provides documentation that can be relied upon in legal, financial, and administrative matters.
Without a declaration, courts are often asked to reconstruct a relationship years after the fact. With a declaration, marital status is clear from the outset.
This clarity can protect both parties and reduce the risk of costly legal battles later.
Often, proving a common law marriage requires testimony from friends, family members, and coworkers. It may also involve documents such as tax returns, photographs, and bank statements that show a marriage existed.
Litigating whether a marriage existed can be costly, time-consuming, and unpredictable.
How to Avoid Litigation
Texas law offers a way to avoid much of this uncertainty.
Couples who believe they meet the requirements for an informal marriage may file a Declaration of Informal Marriage with the county clerk definitely prove that the couple is common law married – no marriage license or proof to a judge required. The Dallas County Clerk charges $46.00 to file an Informal Declaration of Marriage. Other county’s fees may vary.
When Legal Advice Matters
If you are asking whether you have a common law marriage, that question alone is reason to seek legal guidance.
An attorney can help assess whether the legal requirements are met, explain the implications of filing a declaration, and identify risks based on your specific circumstances. This is especially important for couples with shared property, children, or long-term financial arrangements.