How Do Common Law Marriages Work in Texas?

Common law marriage is when a state recognizes a couple as married despite them not having completed the legal requirements to formalize their relationship. Understanding how common law marriages work in Texas is crucial for couples when it comes to their financial interests and property rights. Our lawyers at Kimbrough Legal, PLLC, advocate for clients in these cases with bold representation strategies to reach their goals. Learn more below about common law marriages and contact our office to schedule an initial consultation.

What Are the Requirements for a Common Law Marriage in Texas?

Couples must generally obtain a marriage license by completing an application and meeting other formal requirements to be considered married. However, couples can still have a married status in Texas without obtaining a license through proof of an informal marriage under Texas Family Code § 2.401.

You have two options for establishing an informal marriage. The first is to sign a declaration and register the marriage with the Bureau of Vital Statistics. The second method for establishing a common law marriage in Texas is to prove the following:

• You, as a couple, agreed to be married
• You represented your married status to others
• You have lived together in Texas after agreeing to be married

However, the state of Texas will not recognize a common law marriage that involves a person under the age of 18 or a person who is presently married to someone else.

Establishing Your Rights as a Common Law Spouse

Proving or disproving the existence of a common law marriage in Texas can be a complex and difficult issue to address. The process will likely require a detailed analysis of your relationship history and establishing facts that support or refute the marriage. For example, our lawyers could help you review relevant information, including communication records between you, communications with third parties, and other evidence that demonstrates an intent of marriage.

A person in a common law marriage may have the same rights and obligations to their spouse when a relationship ends or the other person dies. For example, you may have rights related to the payment or receipt of spousal support and to a just and right division of shared property. It is important to note that Texas has a rebuttable presumption against the existence of a common law marriage if you do not start a lawsuit promptly upon separating. You must start the proceedings before the second anniversary of the date when you separated and stopped living together to avoid the presumption.

Meet With Our Team to Learn More About How Common Law Marriages Work in Texas

Consult with an experienced family law attorney at Kimbrough Legal, PLLC, for help understanding how common law marriages work in Texas and navigating your rights. We know how to meet you where you are by bringing a warm and reasonable approach to your case. Contact our office today to schedule a meeting about your common law marriage concerns.