What are the current legal requirements to establish common-law marriage in Texas in 2025?

1. What the law actually requires: the three elements that create an informal marriage

Texas law recognizes an informal marriage when three facts coexist: the couple mutually agrees to be married, they live together in Texas as spouses, and they represent to others that they are married—these are the elements courts use to decide whether a common‑law marriage exists ^{[1] [6] [7]}. The statutory standard is rooted in Texas Family Code Section 2.401 as explained by multiple family‑law practitioners and guides, and courts look at the totality of the relationship rather than any single act ^{[1] [8]}.

2. No magic clock: debunking the “seven years” myth and time-related rules

Contrary to popular myth, Texas imposes no minimum cohabitation period—there is no seven‑year rule—and an informal marriage can form quickly if the three elements are present; duration is not a substitute for intent and public representation ^{[3] [2]}. That said, some materials note practical evidentiary points—if partners separate and wait more than two years without seeking legal action, the law presumes they never intended to be married, which makes proving an informal marriage much harder ^[5].

3. Who can create an informal marriage and how eligibility is enforced

Both parties must be eligible to marry under Texas law: generally adults not presently married to someone else and not closely related; many contemporary guides emphasize that parties must be at least 18 to form an informal marriage without parental consent, and same‑sex couples are recognized following the U.S. Supreme Court’s Obergefell decision ^{[4] [9] [10]}. These eligibility constraints are routinely checked where opposing parties contest marital status in divorce, probate or benefits disputes ^{[4] [9]}.

4. Proving an informal marriage: evidence and the formal declaration option

Courts weigh multiple types of evidence—joint tax filings, insurance beneficiary listings, use of a shared surname, lease or mortgage documents, introductions to others as “husband” or “wife,” and other acts showing mutual agreement and public holding‑out—but no single document is dispositive and judges assess credibility and context ^{[8] [7]}. Couples can also make the status clear by filing a Declaration of Informal Marriage with the county clerk or completing the state form through the Bureau of Vital Statistics, which creates a straightforward record of the relationship ^[4].

5. Legal consequences and common pitfalls

An established informal marriage carries the same legal consequences as a ceremonial marriage—community property rules, inheritance implications, parental rights, and the necessity of a formal divorce to end the relationship—so unintended consequences are common for people who assume cohabitation alone cannot produce marriage ^{[2] [11]}. Practitioners warn that misconceptions (time‑based myths, the idea of an automatic “common‑law divorce,” or assuming informal relationships do not affect estate or benefits rights) lead to costly disputes when relationships end ^{[3] [2]}.

6. Where disagreements and ambiguity arise

Because the test focuses on intent and public representation, contested cases turn on witness testimony and documentary proof, meaning that two long‑term cohabitants could reach opposite conclusions about marital status and courts will resolve the dispute based on evidence presented; lawyers and law guides consistently recommend taking steps—filing a declaration or making affirmative legal arrangements—to remove ambiguity ^{[8] [7] [4]}. Reporting and practitioner materials differ in emphasis—some emphasize the statutory three‑part test, others stress practical evidence and the declaration form—so both statutory text and evidentiary practice matter in 2025 ^{[1] [8]}.