Common Law Marriage in Texas: What You Need to Know
Common law marriage is one of the most misunderstood legal concepts in Texas family law. Many people assume that living together for a certain number of years automatically makes a couple legally married, but that is simply not true. Texas has clear requirements for establishing a common law marriage, and failing to understand them could have serious legal consequences—especially if the relationship ends. If you believe you might be in a common law marriage or want to make sure you are not, it’s crucial to understand how Texas law defines it, what legal rights and obligations come with it, and how to protect yourself and your assets.
What Is Common Law Marriage in Texas?
Common law marriage—also known as an informal marriage—is legally recognized in Texas. However, the law requires three specific conditions to be met before a couple is considered married:
There must be an agreement to be married. Both partners must have a clear and mutual understanding that they are married, even without a formal ceremony or marriage license.
The couple must live together as spouses. Simply cohabiting is not enough; they must live together in a way that reflects a marriage.
The couple must hold themselves out as married. This means they must represent themselves as a married couple to others, such as by filing taxes jointly, introducing each other as spouses, or listing one another as a spouse on legal documents.
If all three conditions are met, Texas law considers the couple legally married—no wedding required. However, if even one element is missing, no common law marriage exists.
The Biggest Myth: The “Seven-Year Rule”
A common misconception is that living together for seven years automatically makes a couple common law married. This is completely false. Texas law does not have a time requirement for common law marriage. A couple could live together for decades and never be legally married if they do not meet all three legal conditions.On the other hand, a couple could be considered legally married after only a few months if they agree to be married, live together as spouses, and hold themselves out as married. The length of time spent living together is irrelevant without meeting these specific requirements.
Legal Implications of Common Law Marriage
One of the most important things to understand about common law marriage is that once it is established, it carries the same legal weight as a formal marriage. That means if the relationship ends, a legal divorce is required.Many people assume that since they never had a wedding or obtained a marriage license, they do not need to go through a formal divorce. That is not the case. If you are legally common law married in Texas, you must file for divorce just like any other married couple.This also means that Texas community property laws apply. In a divorce, assets acquired during the marriage—such as income, real estate, and retirement accounts—may be subject to division. If you unintentionally entered into a common law marriage, you could find yourself legally bound to a property split you never expected.
Can You Accidentally Become Common Law Married?
It’s possible to unknowingly meet the legal criteria for common law marriage. Some couples believe they are simply living together without any legal strings attached, only to find out later that they are, in fact, considered married under Texas law.Certain actions can strengthen the argument for a common law marriage, such as:
Filing joint tax returns as a married couple
Listing each other as spouses on health insurance or legal documents
Using the same last name or introducing each other as husband and wife
Referring to each other as spouses on social media or in public
If you’re cohabiting and don’t want to be considered common law married, it’s important to avoid behaviors that could be interpreted as holding yourselves out as a married couple.
How to Protect Yourself and Your Assets
If you are in a relationship where common law marriage could be a concern, there are steps you can take to protect yourself:
Clearly define the relationship. If you do not intend to be married, avoid referring to your partner as a spouse in public or on official documents.
Keep separate property separate. Assets you owned before the relationship, as well as gifts and inheritances, should remain in your name only.
Consider a cohabitation agreement. This legal document clarifies that both parties do not intend to be married and can outline financial arrangements in the event of a breakup.
Taking these steps can help prevent unintended legal consequences and ensure both partners understand where they stand.
How to Prove or Disprove a Common Law Marriage
Common law marriage is not always black and white. In some cases, one person may claim that a common law marriage existed while the other denies it. This often arises in situations involving divorce or inheritance disputes.To prove a common law marriage in Texas, a person must provide evidence showing that all three legal requirements were met. This could include:
Testimony from friends or family members confirming that the couple held themselves out as married
Legal documents listing each other as spouses
Financial records such as joint bank accounts, shared property, or insurance policies
On the other hand, if someone wants to argue that no common law marriage existed, they may present evidence that there was never an agreement to be married or that they did not present themselves as a married couple.
What Happens If a Common Law Spouse Dies?
If a person in a common law marriage passes away, the surviving spouse may need to prove the marriage in order to inherit property or receive benefits. Without clear proof of the marriage, the surviving partner could face legal challenges, especially if other family members dispute the relationship.In these situations, having documentation—such as jointly filed taxes, shared property deeds, or official records—can help establish the marriage and protect the surviving spouse’s rights.
What to Do If You Need a Divorce from a Common Law Marriage
If you are in a common law marriage and the relationship ends, filing for divorce is necessary to legally dissolve the marriage. This process follows the same steps as a traditional divorce, including:
Filing a petition for divorce with the court
Dividing community property according to Texas law
Determining child custody and support if applicable
Finalizing the divorce decree
Because common law marriage can sometimes be difficult to prove or disprove, working with a knowledgeable family law attorney can help ensure your rights are protected throughout the divorce process.
Get Legal Guidance on Common Law Marriage
Common law marriage in Texas is not as simple as many people think. Understanding the legal requirements and implications can help you protect yourself and your assets. Whether you need to prove or disprove a common law marriage, protect your property, or file for divorce, legal guidance can make all the difference.