Many couples in Texas live together for years without ever having a formal wedding ceremony. What some may not realize is that their relationship could be recognized as a legally valid marriage under state law.
Texas is one of a limited number of states that still allow common-law marriage, which the law refers to as an “informal marriage” and is distinct from a domestic partnership.
This type of marriage does not require a full-blown ceremony, but it carries the same legal rights and responsibilities as a traditional one nonetheless. That makes learning about the requirements key; we’ll go over what you need to know in the sections to follow.
The Legal Requirements Under Texas Family Code Section 2.401
For a common-law marriage to be valid in Texas, three conditions must all exist at the same time.
These are outlined in Texas Family Code § 2.401:
- The first requirement is that both parties must have a mutual agreement to be married. This does not need to be in writing. It simply means that both individuals agreed at a given point in time to enter into marriage with each other. A vague understanding that you might get married someday does not satisfy this standard.
- The second requirement is cohabitation, which means the couple must live together in Texas as spouses. It is worth noting that Texas law does not set a minimum duration for this. There is no “seven-year rule” or any other time-based threshold, despite what many people believe.
- The third requirement is public representation. Both partners must hold themselves out to others as being married. This could involve introducing one another as a spouse, filing joint tax returns, or using the same last name. Keeping the relationship private would work against this element.
In addition to these three conditions, both individuals must be at least 18 years of age. Neither person can be married to someone else when the informal marriage begins.
How Can I Formalize a Common Law Marriage?
While meeting the three requirements above is sufficient to create a valid informal marriage, Texas also offers a more formal option. Couples can file a Declaration of Informal Marriage with their county clerk’s office. This signed document serves as an official record of the marriage without the need for a ceremony.
Filing a declaration can simplify things down the road if questions ever arise about whether the marriage existed. However, it is not the only way to prove an informal marriage in the eyes of the law.
What Happens if the Relationship Ends?
One of the most important things to understand about common law marriage in Texas is that it must be dissolved through a formal divorce. Simply moving apart or deciding the relationship is over does not end the marriage from a legal standpoint.
There is also a critical timeline to be aware of. Under Section 2.401(b), if neither party files a legal proceeding to prove the marriage within two years after the couple separates, the law creates a rebuttable presumption that no marriage agreement ever existed. That presumption can still be challenged with evidence, but it makes the burden of proof considerably harder to meet.
Since a valid common law marriage affects property rights, potential spousal support, and other significant legal matters, the stakes of getting it right are high.
Contact an Austin Family Law Attorney at Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer for Legal Help
If you believe you are in a common law marriage or want to dispute one that has been claimed against you, speaking with an experienced family law attorney is a good first step to take.
Reach out to the Law Office of Ben Carrasco, Austin Family Law & Divorce Lawyer, for help today to set up an initial consultation with an Austin family law attorney.
During your meeting, you’ll learn more about protecting your legal rights and interests going forward. We proudly serve clients throughout Travis County and the greater Austin metro area in Texas from our Austin office.
Law Office of Ben Carrasco: Austin Family Law & Divorce Lawyer
108 Wild Basin Rd S Suite 250, Austin, TX 78746
(512) 883-9584
