Cameron Miranda
Texas is one of the few states that still allows common-law marriages, which are also known as informal marriages. This means that Texas law recognizes a couple as legally married without the need for a formal marriage ceremony, license, or certificate. To establish a common-law marriage in Texas, couples must meet a three-prong test, which includes requirements such as cohabitation, agreement to be married, and holding themselves out to others as a married couple. If a common-law marriage is proven, it is treated the same as a traditional marriage in Texas, including in cases of divorce and inheritance. This means that property and debts accumulated during the marriage are divided equally, and a spouse is entitled to inherit from their partner if they die without a will.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage in Texas | Yes, Texas law recognizes common-law marriages, referred to as "marriages without formalities" or "informal marriages." |
| Requirements for common-law marriage | Both partners must be eligible for marriage, at least 18, unrelated, and not currently married to someone else. They must live together, agree that they are married, and hold themselves out to others as a married couple. |
| Proving a common-law marriage | Can be proven by filing a declaration of marriage or through a court proceeding. Evidence such as lease agreements, tax returns, insurance policies, and witness testimonies may be used. |
| Divorce and property division | Texas law treats common-law marriages the same as traditional marriages in divorce proceedings. Property and debt accumulated during the marriage are divided equally. |
| Inheritance | In the absence of a will, a spouse is entitled to inherit from the other spouse in a common-law marriage. |
| Recognition of out-of-state common-law marriages | Texas recognizes common-law marriages from other states as long as they were properly executed in those states. |
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What You'll Learn
Common-law marriage requirements
Texas is one of the few states that recognize common-law marriages. In Texas statutes, such marriages are called "marriages without formalities" or "informal marriages".
To establish a common-law marriage in Texas, certain legal requirements must be met. Both partners must be eligible for marriage, meaning they must be:
- At least 18 years old
- Unrelated
- Not currently married to someone else
In addition, there are three conditions that must be met simultaneously to establish a common-law marriage:
- Mutually agreed to be married: There must be evidence of a present, immediate, and permanent intention to have a marital relationship. An agreement to get married in the future does not count.
- Cohabitation: The couple must live together in Texas as spouses and maintain a household together.
- Representation: The couple must represent themselves to others as married. This can be done through words or actions, such as introducing each other as spouses, wearing rings on ring fingers, using the same last name, or filing joint tax returns.
Couples can choose to register their common-law marriage by filing a Declaration of Informal Marriage with their county clerk's office. This can be helpful in the event of a death or divorce, as it grants the spouses the same legal rights as a couple with a marriage license. If no declaration was filed, it may be necessary to go to court to prove the marriage, and documents such as lease agreements, tax returns, and insurance policies may be requested.
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Proving a common-law marriage
Texas law recognizes common-law marriages, also known as "marriages without formalities" or informal marriages. To prove a common-law marriage, couples must meet the following requirements:
- Both partners must be eligible for marriage, i.e., they must be at least 18, unrelated, and not currently married to someone else.
- They must live together.
- They must agree that they are married.
- They must "hold out" to others that they are a married couple. This can be done through spoken words or actions, such as introducing each other as spouses, wearing rings on ring fingers, signing credit applications as a married couple, filing joint tax returns, or adding each other to family memberships.
Documents such as lease agreements, tax returns, and insurance policies may be requested to prove a common-law marriage. Couples can also choose to register their common-law marriage by filing a Declaration of Informal Marriage with their county clerk's office.
If there is no declaration and a dispute arises regarding the existence of a common-law marriage, it may be necessary to go to court to prove the marriage. Texas law places a two-year statute of limitations on these proceedings. If no action is taken within two years of separation, it is presumed that the couple never intended to be married, and it becomes more challenging to prove a common-law marriage.
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Common-law marriage and divorce
Texas law does recognize common-law marriages. In Texas statutes, such marriages are referred to as "marriages without formalities" or ""informal marriages". Both partners must be eligible for marriage, i.e., they must be at least 18, unrelated, and not currently married to someone else.
To prove a common-law marriage, the following three elements are required:
- Co-habitation
- An agreement that they are married
- Holding out to others that they are a married couple
Proving a common-law marriage is important when a relationship is ending (divorce) and in determining inheritance rights. Under Texas law, all property acquired during a marriage (formal or common law) is community property. If a common-law marriage is proven, community property is divided in the same way as if the parties were formally married. Debts accumulated during a common-law marriage are also divided between the spouses.
If a common-law couple decides to split up, they must file for divorce. If court proceedings are not filed within two years of the separation, Texas law presumes that the marriage never existed unless it is proven otherwise.
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Common-law marriage and inheritance
Texas law recognises common-law marriages, which are referred to as "marriages without formalities" or "informal marriages". Common-law marriages are available to both heterosexual and same-sex couples.
To establish a common-law marriage in Texas, a couple must meet three requirements: they must agree to be married, live together as husband and wife, and hold themselves out to others as married. This could include introducing themselves as spouses, wearing rings on their ring fingers, or signing credit applications as a married couple.
In the case of a death, a common-law spouse can inherit from a decedent's estate whether or not the decedent died with a valid will. A common-law spouse is afforded the same rights as a spouse in a formal or traditional marriage, including community property rights, homestead rights, and exempt property rights.
However, proving a common-law marriage can be critical when it comes to inheritance. If a common-law marriage is contested, the person claiming the existence of the marriage may need to provide evidence to support their claim. This evidence could include a signed declaration of informal marriage, witness testimony from friends and family, insurance policies listing each other as spouses, employer records, or correspondence addressed to the couple as a married couple.
In Texas, there is a two-year statute of limitations for proving a common-law marriage. If no action is taken within two years of separation, it becomes harder to prove that a common-law marriage existed.
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Common-law marriage recognition in Texas from other states
Texas law recognizes common-law marriages, which are referred to as "marriages without formalities" or "informal marriages". Both partners must be eligible for marriage, and common-law marriages are also available to same-sex couples following the U.S. Supreme Court's decision in Obergefell v. Hodges.
To enter into a common-law marriage in Texas, both parties must be at least 18, unrelated, and not currently married to someone else. The couple must agree to the three elements listed in Section 2.401 of the Texas Family Code, which include the requirement to "'hold out' as married to others", and there must be evidence of a present, immediate, and permanent intention to have a marital relationship. An agreement to marry in the future does not constitute a common-law marriage.
Couples can register their common-law marriage by filing a Declaration of Informal Marriage with their county clerk's office. Documents such as tax returns, lease agreements, insurance policies, and joint credit applications may also be used to prove a common-law marriage. If no declaration was filed, and there is a dispute over the existence of a common-law marriage, it may be necessary to go to court to prove the marriage. There is a two-year statute of limitations on these proceedings, and after two years of separation, Texas law presumes that a common-law marriage never existed unless proven otherwise.
While Texas recognizes common-law marriages formed within the state, it is unclear whether Texas recognizes common-law marriages from other states. The recognition of out-of-state common-law marriages may depend on various factors, including the specific laws and requirements of the other states and whether these meet the requirements of a common-law marriage in Texas. It is advisable to consult with an attorney or legal practitioner for specific guidance on the recognition of common-law marriages from other states in Texas.
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Frequently asked questions
Yes, Texas is one of the few states that recognize common-law marriages.
Common-law marriage, or "informal marriage" in Texas, is a legal marriage without a ceremony or other formalities. It is a way for couples to be legally recognized as married without a formal marriage ceremony, license, or certificate.
You will need to fill out a declaration of marriage or prove it in court. To prove a common-law marriage, you must show that you lived together, agreed that you were married, and presented yourselves as a married couple to others.
No, once a common-law marriage has been established, Texas law treats this union the same as a traditional marriage. All property and debt accumulated during the marriage are divided equally between the parties.
If you can prove a common-law marriage, you are entitled to inherit from your spouse as if you were formally married.
