A valid common law marriage in Texas is where a couple legally is married without getting a marriage license or having a marriage ceremony. Once established, a common law marriage has the same legal effect as a ceremonial marriage. Under Texas Law, to have a common law marriage, you must do three things:

1. Agree to be married
2. Live together as a couple
3. Tell others ("hold yourselves out") that you are married

In What Ways Do People “Hold Themselves Out” as Married?

Simply put, by telling others that they are married. Examples of telling other people you are married include:

• Introducing yourselves as a married couple
• Doing something that made people think you were married, like signing credit applications as a married couple or purchasing real property as “Husband and Wife.”

Even if you said that you were married only one time, you can meet this requirement.

Ending a Common Law Marriage

Common law marriages in Texas have the same legal status as a ceremonial marriage. Why is this important? Because if the common law marriage doesn’t work out, you’ll have to get a FORMAL DIVORCE to end it.

Applicable Texas Family Code Section

Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:

(1) a declaration of their marriage has been signed as provided by this subchapter; or

(2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.

(b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married.

(c) A person under 18 years of age may not:

(1) be a party to an informal marriage; or

(2) execute a declaration of informal marriage under Section 2.402.

(d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.