What Is Common Law Marriage In Texas?

Though exact figures on how many people in common law marriage in Texas are not publicly available, it still represents a significant way for those couples who want to bypass the wedding or the paperwork. 

In general, the number of traditional couples getting married dropped. For instance, the state of Texas saw about 174,850 marriages in 2020 and a marriage rate of 6.7 per 1,000 inhabitants in 2019, which was lower than 8.4 in 2000. 

While there is very little specific common-law marriage data, the decrease in formal marriages may signal that a greater number of couples are choosing to go for informal marriage arrangements. 

But what is common law marriage in Texas all about? And does it essentially look the same as traditional marriage? If these are some of the things that you want to know, keep on reading till the end… 

What Is Common Law Marriage In Texas?

A common law marriage in Texas—also known as an informal marriage or “marriage without formalities”—is a legally recognized marriage in Texas, even without a ceremony or marriage license. There are two ways to establish it: 

1. Declaration of Informal Marriage: Couples can file a Declaration of Informal Marriage with their county clerk. Once recorded, it serves as legal proof of marriage. 

2. Meeting the Three-Prong Test: If the declaration isn’t filed, you must prove all of the following under Texas Family Code § 2.401: 

• Both partners agree to be married (mutual present, permanent intent—not just planning for future marriage). 

• The couple lived together in Texas as spouses. 

• They held themselves out to others as married (“holding out”). These include using same surnames, filing joint taxes, introducing each other as husband/wife, and more. 

Importantly, there is no minimum period of cohabitation required. In other words, a couple could be common law married under Texas law even after a single day, so long as all three elements are met.

Once proven, a common law marriage holds equal weight to a formal marriage. There is no lesser status under Texas law. 

Why Do People Choose Common Law Marriage in Texas?

Investopedia states that some couples decide to go without the formal marriage paperwork and select a common-law relationship instead. These relationships refer to couples as being “somewhat equivalent to being legally married even if vows weren’t exchanged in a civil or religious ceremony and a marriage license wasn’t obtained.” 

 While quantitative data is limited, several reasons drive this choice: 

• Avoidance of ceremony or license costs—couples may still formalize their relationship through mutual agreement and public acknowledgment. 

• Legal convenience or privacy—some may prefer not to draw attention with a public ceremony yet want legal marriage benefits. 

• Easing into marital commitment—especially for long-term partnerships where marriage wasn’t initially planned. 

Though hard data on prevalence in Texas is unavailable, legal experts note that the decline in traditional marriages and rising cohabitation trends suggest some couples opt for common law status. This happens especially when legal recognition becomes necessary. 

Can Same-Sex People Have A Common Law Marriage In Texas?

Yes, even people who are in a same-sex relationship can have a common law marriage in Texas. 

Even though it is true that the Texas Family Code is based on the traditional concept of marriage between a man and a woman, according to the federal court decision implementing Obergefell v. Hodges, same-sex common-law marriage is recognized in Texas. 

Essentially, same-sex couples who either satisfy the requirements or have filed declarations are considered to have received the same legal status and rights as those couples who are of different sex. 

When Should You Prove A Common Law Marriage In Texas?

Here are the times when you must prove your marriage under the common law marriage in Texas: 

Divorce

Under Texas community property laws, property and debts acquired during marriage—formal or informal—are divided equally upon divorce. If you are able to prove a common law marriage, assets and liabilities are shared. If not, each person retains their individual property and debts. 

Inheritance

Without a will, a spouse—formal or common law—is entitled to inherit from the decedent. Proving a common law marriage may enable the surviving spouse to claim a share of the estate. 

Note: If the couple separates and does not file for divorce or otherwise prove the marriage within two years, the law presumes the informal marriage never existed. However, this presumption is rebuttable. 

What Does The Divorce Process Look Like In Common Law Marriage Texas?

Once common law marriage is established, all rights and responsibilities mirror those in ceremonial marriages—including spousal support, property division, and child custody . 

Even though a common law marriage could technically end without divorce if no assets or children are involved, this is not advisable. That is because walking away without a formal divorce can create serious legal complications later. 

Here’s what the divorce process looks like: 

• One spouse must file a petition for divorce. 

• Parties attempt to reach agreements on property, support, and custody; if unresolved, the judge makes decisions. 

The process, timeline, and legal requirements are the same as for ceremonial marriages—including minimum waiting periods and court filings.