Common Law Marriage in Texas: What You Need to Know

What Is Common Law Marriage in Texas?

Common law marriage means that a couple can be legally recognized as married even if they never had a wedding or obtained a marriage license. In Texas, you and your partner might be considered married under the law, even without the traditional paperwork or ceremony.

Approximately one-third of the states, including Texas, recognize common-law marriages. But this recognition doesn’t happen automatically. A common law marriage is only valid if specific conditions are met.

Most importantly, common law marriage in Texas does not depend on how long you’ve lived together or whether you have children. If the legal requirements are met, your marriage is just as valid as one that began with vows and a wedding venue.

Texas Requirements for Common Law Marriage

To establish a valid common law marriage in Texas, you must be able to prove all three required elements, as outlined in Section 2.401 of the Texas Family Code.

1. You both agree that you’re married

You and your partner must have a clear, mutual understanding that you consider yourselves married. It’s not enough for one person to assume or hope that a marriage exists; both partners must intend to be married, and that intent should be reflected in your actions.

When this agreement is unspoken or only implied (what the law may consider a tacit agreement), courts may apply closer scrutiny to it. In such cases, specific actions may help show that both partners viewed the relationship as a marriage.

This may include:

• Naming each other as beneficiaries on life insurance policies
• Filing joint tax returns
• Making large joint purchases
• Texts, emails, or other documentation that show shared intent

2. You live together in Texas as a married couple

You must live together in Texas and carry yourselves as spouses, not just roommates or dating partners. There’s no minimum time requirement, but your daily life should reflect a shared household and mutual commitment.

This might include sharing responsibilities, managing finances together, or making joint decisions about your lives.

3. You hold yourselves out to others as married

This means you present your relationship to the outside world as if you’re legally married. It could involve referring to each other as “husband,” “wife,” or “spouse” or introducing yourselves as a married couple. 

Here are a few more things to know: 

• Both individuals must be at least 18 years old.
• Neither partner can currently be married to someone else.
• If a couple separates and no legal action is taken within two years to prove the marriage, Texas law presumes there was no agreement to be married. In legal terms, this is called a rebuttable presumption. It can still be challenged, but it makes things more complicated.

What Is a Common Law Marriage Certificate in Texas?

Texas doesn’t automatically issue a certificate when you meet the criteria. However, you can officially register your informal marriage by signing a Declaration of Informal Marriage at your county clerk’s office. This acts as a legal record of your relationship.

Why Does It Matter If a Couple Is Common Law Married?

In Texas, couples in a common law marriage are recognized much like those with a formal marriage license. That means they may share the same legal rights and responsibilities throughout the relationship, and in particular, during life events such as a breakup or the loss of a partner.

However, if there’s no signed declaration or formal documentation showing that a common law marriage existed, proving it can become legally complex, especially during emotionally difficult moments.

That’s why planning matters.

Prenups and Common Law Marriage in Texas

Even if you’re in a common law marriage, you and your partner can still create a prenup-style agreement, often called a cohabitation or property agreement. It’s a way to align on how you’ll handle money, property, and shared responsibilities without waiting for a formal ceremony or certificate.

At Neptune, we guide couples through these conversations with clarity, empathy, and strategy. Whether you’ve registered your marriage or not, we help you define how finances will be managed, clarify expectations, and build a thoughtful plan for the future.

It’s basically creating a shared blueprint for how you’ll grow together. 

By combining emotionally intelligent technology with vetted legal guidance, Neptune helps you make confident financial decisions as a couple, right from the start.

Start your chat with Neptune today and take a thoughtful step toward your future.

Frequently Asked Questions (FAQs)

1. Is there a 10-year marriage rule in Texas?

There’s no rule that makes a marriage automatic after 10 years. Common law marriage in Texas depends on meeting specific legal requirements, not how long you’ve been together.

2. Can same-sex couples be married under common law?

Yes. Same-sex couples can be common law married in Texas if they meet the same requirements: they agree to be married, live together in Texas as a married couple, and present themselves to others as married.

3. Is there a special divorce process for individuals who are common-law married?

No. If a common-law marriage is legally established, the divorce process is the same as for formally married couples, including how property and responsibilities are handled.