Common law marriage information

What exactly is a Common-Law Marriage?

     Common-Law Marriage, or informal marriage, is a real marriage in which parties are legally entitled to all the same property rights as a traditional marriage in the State of Texas. The parties to a common-law marriage must meet the same personal requirements as those seeking to establish a ceremonial marriage: they must be of the opposite sex, of legal age, posses no legal disqualifications, such as those of kinship or existing marriage. 

How Do I Know if I Have a Common-Law Marriage?

     In order to have a common-law marriage, there must be (1) an agreement to be husband and wife, (2) you must be living together as husband and wife, and (3) holding each other out to the public as husband and wife. 

Do I Have to Get a Divorce if I have a Common-Law Marriage?

      Once a common-law marital status exists, it, like any other marriage, it can only be terminated by death or court order.  Once the marriage exists, the spouses' later denials of the marriage, do not undo the marriage.

     However, if a court proceeding to prove a marriage is not begun within two years after the parties cease living together, it is presumed that they did not enter into an agreement to be married. Once the second anniversary of the date of the separation, common-law divorce has been created and no legal process to dissolve the “marriage” is necessary.

How Do I Prove I’m in a Common-Law Marriage?

     Proof of common-law marriage may be shown by the conduct of the parties, or by such circumstances as their addressing each other as husband and wife, acknowledging their children as legitimate, joining in conveyances as spouses, and living together. Typical documents presented in these types of cases include leases signed as husband and wife, tax returns filed jointly as a married couple, and insurance policies listing one person as the other person's spouse.

How Can I Make My Common-Law Marriage Equivalent to a Ceremonial Marriage?

     You can make a declaration of informal marriage at the County Clerk’s Office.