Texas requirements for common law marriage
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Executive summary
Texas recognizes common‑law (informal) marriage when three elements are present simultaneously: the parties agreed to be married, after the agreement they lived together in Texas as a married couple, and they represented to others that they were married; there is no fixed minimum cohabitation period under the Texas Family Code [1] [2]. Couples may also formalize an informal marriage by filing a Declaration of Informal Marriage with the county [3] [4].
1. What the law requires: the three‑part test that decides marital status
Texas law (Family Code Sec. 2.401 as explained in guidance and law‑firm summaries) treats an informal or common‑law marriage as created only when all three elements occur at the same time: a mutual agreement to be married, cohabitation in Texas after that agreement, and holding yourselves out publicly as married; courts weigh the totality of evidence rather than any single document [1] [2] [5].
2. No magic number of years — what “cohabitation” actually means
Contrary to myths about a 6‑month, 7‑year, or other “automatic” thresholds, Texas does not impose a set minimum time living together to create a common‑law marriage; duration is not dispositive and the focus is on whether the three elements existed simultaneously [6] [7] [4]. Some firms and sources note that a breakup and two years of separation without action can make it harder to prove a prior informal marriage, because the law may presume the parties never intended to be married if they wait too long to assert the claim [8] [9].
3. How people prove it: documents and behavior courts consider
Courts and practitioners look for circumstantial evidence that supports agreement, cohabitation, and public representation: joint tax returns, shared leases or mortgage documents, beneficiary designations, insurance policies, how the couple introduced themselves to family and community, and similar indicia — but no single item is conclusive by itself [10] [1] [3].
4. Formalizing an informal marriage: the Declaration of Informal Marriage
Couples who want certainty can sign and file a Declaration of Informal Marriage (sometimes called an informal marriage license) with the county; both parties must sign and affirm they meet the statutory requirements and are eligible to marry (e.g., age, not currently married) [3] [4]. Filing creates clear proof and fixes a marriage date for property and benefits analyses [2] [10].
5. Rights and consequences: same rights, same obligations
Once proven or declared, an informal marriage carries the same legal consequences as a ceremonial marriage in Texas: community property rules, inheritance rights, parental and support obligations, and the requirement to obtain a formal divorce to end the marriage [10] [8] [5]. Legal recognition also affects benefits, medical decision‑making, and estate outcomes [10] [11].
6. Same‑sex couples and recent statutory/contextual notes
Sources state that common‑law marriage is available to same‑sex couples following Obergefell and that Texas guidance confirms the earliest date all requirements were met can be used as the legal marriage date; recent guidance and FAQs explicitly address same‑sex informal marriages [2] [8] [12]. The federal Respect for Marriage Act is noted in at least one guidance piece as part of the legal context [2].
7. Where the law is unclear and what litigants should watch for
Although the three‑part test is clear on paper, proving subjective agreement and “holding out” is inherently factual and contested; courts assess credibility and the totality of circumstances, so outcomes depend heavily on the quality of evidence and witness testimony [5] [10]. Available sources do not mention any uniform judicial timeline for how long evidence must show the three elements before a court will find an informal marriage beyond the “no set minimum” rule (not found in current reporting).
8. Practical advice and competing perspectives
Practical guidance from attorneys in the sources urges couples who want certainty to either file the Declaration of Informal Marriage or compile contemporaneous documentary proof (joint accounts, tax filings, beneficiary forms, lease agreements, social introductions). Some sources emphasize there is no time requirement and caution about myths [4] [6]; others stress that long separations without legal action can undercut a claim [8] [9]. If stakes are high, the consistent recommendation across practitioner sources is to consult a family lawyer familiar with Texas practice [5].
Limitations: this summary relies solely on the provided guidance, law‑firm writeups, and help‑center pages; it cites those sources directly and does not attempt to interpret or quote statutory text beyond what those sources report [1] [2]. If you want the exact statutory language of Texas Family Code Sec. 2.401 or county form links, request those specific documents and I will point to which provided source includes them.