Common Law Marriage in Texas
State-specific overview · Family Law
Texas recognizes common law marriage if a couple agrees to marry, cohabits, and holds themselves out as married.
How Texas treats Common Law Marriage
Texas allows common law marriage without a license or ceremony when two people intend to be married, live together as spouses, and represent themselves publicly as a married couple. The agreement to marry can be implied from conduct rather than explicit declaration. Texas courts recognize common law marriages created within the state and generally honor those created validly in other jurisdictions. A Declaration of Informal Marriage filed with the county clerk provides conclusive proof, though couples need not file to establish validity.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Texas.