Yes, Texas law recognizes common law marriages. In Texas statutes, such marriages are called “marriages without formalities" or "informal marriages." Laws related to common law marriage are in Chapter 2, Subchapter E of the Texas Family Code.

Who can have a common-law marriage?

Both partners must be eligible for marriage. This means that they must be:

• at least 18 years old;
• not related to each other;
• not married to anyone else.

Section 2.401 of the Family Code states what qualifies as a common law marriage:

• each partner must agree to be married;
• after the marriage agreement, they must live together in Texas as a married couple;
• the couple must represent to others that they are married.

Texas law still refers only to “husband and wife," but common law marriage is also available to same-sex couples due to the U.S. Supreme Court’s decision in Obergefell v. Hodges.

How do I prove a common law marriage?

Couples can register their common-law marriage by filing a Declaration of Informal Marriage with their county clerk’s office. TexasLawHelp.org has sample forms and instructions for this procedure. Your county clerk’s office may also have their own forms.

Documents like tax returns, lease agreements, insurance policies, etc. may also be helpful in proving a common-law marriage. In some situations, it may be necessary to go to court to prove a common-law marriage.

The law can be complex, so you may wish to talk to an attorney if this is something you’re considering. For more information on finding an attorney, please see the library's Legal Help page.

How do I end a common law marriage?

Like those in a formal marriage, couples who want to end a common-law marriage must file for divorce.

However, if two years pass after a common-law marriage couple separates and neither party has filed anything to prove the marriage, the state presumes that the marriage never existed. This is referenced in Texas Family Code Section 2.401.

Related FAQs & Guides

FAQs

• Who can perform a marriage ceremony in Texas?
• Can a marriage ceremony in Texas be conducted remotely?

Guides

• Common Law Marriage
• Marriage in Texas