Meet Marcus and Jamie.
They have been together for six years, share an apartment in Dallas, split the utilities, adopted a dog named Biscuit, and introduce each other at every family gathering as “my partner.” They also have a joint Netflix account, which, as everyone knows, is basically a blood oath.
Then Jamie ends up in the hospital.
Marcus shows up and asks about Jamie’s condition. The nurse says they can only share information with family.
Marcus is not family. Not according to Texas law.
This is not a worst-case scenario designed to scare you. This is a Tuesday for people who assume that love, time, and a shared lease are enough to create legal rights.
In Texas, they are not.
So what does "PARTNER" mean legally?
Here is the short answer: nothing.
The word “partner” is a cultural term. It is warm, inclusive, and increasingly common. But Texas law does not hand out rights based on how long you have been together or how deeply you love someone.
The state recognizes marriage, including ceremonial marriage and common law marriage. Outside of those two types of marriage, there are no automatic protections for your significant other.
In Texas, an estimated two million unmarried adults live together as couples. Domestic partnerships have, at certain points, been recognized by local municipalities, but they have never been recognized at the state level. That means there is no automatic right to inherit, make medical decisions, or claim property when your significant other passes away.
In other words, calling someone your partner does not make them your spouse under the law.
What about Common Law Marriage?
Texas does recognize informal marriage, which is the legal term for what most people call common law marriage. Not understanding what common law marriage means under the law is what gets people in trouble.
There is no six-month rule. There is no rule based on time at all when determining whether a common law marriage exists.
You must live together, agree that you are married, and hold yourselves out to others as a married couple. A common law marriage is a legal marriage without a ceremony or other formalities, but it is created only if specific legal requirements are met. Proving a common law marriage does not depend on how long you have been living together or whether you have children together.
Under Texas Family Code Section 2.401, a common law marriage is legally valid without a ceremony if three criteria are met at the same time. Once established, it carries the same legal weight as a formal marriage:
You and your partner agree to be married today, not just someday.
You live together in Texas.
You hold yourselves out to others as married, meaning you tell people, introduce each other as spouses, or fill out forms listing each other as a spouse.
So if you have been together for a decade, live together, and love each other deeply, but have never told anyone you are married and have never thought of yourselves as married, you are not legally married in Texas.
Biscuit the dog cannot testify on your behalf.
What this mean for the LGBTQ+ Community
Same-sex couples have had the right to marry in Texas since the United States Supreme Court’s ruling in Obergefell v. Hodges (2015). However, the marriage equality ruling did not create domestic partnership rights or automatic protections for couples who choose not to marry.
For LGBTQ+ couples, the Supreme Court’s affirmation of the right to marry matters in deeply practical ways.
If you are not married and you do not have a will, your partner inherits nothing when you die. If you are in the hospital and you do not have a medical power of attorney, your partner cannot make medical decisions for you and, in some cases, can be forced to leave the bedside by family. If you break up after ten years and your name is not on the lease or the deed, you may have very little legal recourse.
The rights that feel like they should come with long-term commitment do not come automatically.
They have to be built intentionally.
What you can do about it
The good news is that the law gives you tools to protect your relationship, even outside of marriage. These are not workarounds. These are real legal documents that create real protections for all couples.
A will or trust makes sure your assets go where you want them to go.
A medical power of attorney gives your partner the legal authority to make healthcare decisions if you cannot make them yourself.
A financial power of attorney gives your partner authority over financial matters if needed.
A cohabitation agreement is a contract between unmarried partners that can address shared property, financial responsibilities, and what happens if the relationship ends.
None of these documents require a wedding. They just require a conversation and a little planning.
How to avoid Costly Litigation
Often, when you need to prove that a common law marriage exists, you must prove it to a judge or jury. Whether or not a common law marriage exists is ultimately up to them to decide.
This situation often arises after one partner has passed away, which can create an incredibly stressful experience while you are grieving the loss of someone you love.
You can avoid a legal case by filing a Declaration and Registration of Informal Marriage. The form is available online from the Texas Department of State Health Services and is filed with your local county clerk’s office.
The Bottom Line
Love is not a legal strategy.
In Texas, the word “partner” carries a lot of heart and very little legal weight unless you take steps to back it up.
Whether you are in a long-term relationship and not interested in marriage, navigating life as part of the LGBTQ+ community, or simply want to make sure the person you love is protected, the time to get your documents in order is now.
If you wait to get your documents in place until you need them, it is too late.
Biscuit would want you to be prepared.
Call us at 214-758-8681 or book a call today.
RESOURCES
Texas Family Code Section 2.401, Informal Marriage: statutes.capitol.texas.gov
Texas Law Help, Common Law Marriage: texaslawhelp.org/article/common-law-marriage
Texas State Law Library, Domestic Partnerships and Cohabitation: tlc.texas.gov
Ben Carrasco Law, What Is a Domestic Partnership in Texas: bencarrascolaw.com/blog/what-is-domestic-partnership
Is This Legal, Is Domestic Partnership Legal in Texas 2026: is-this-legal.com/is-domestic-partnership-legal-in-texas