Skip to content
Oakclause

Common Law Marriage in Texas

Texas recognizes informal (common law) marriage when a couple agrees to be married, lives together in Texas and represents to others that they are married, or signs a declaration of informal marriage.

Last checked . General information, not legal advice.

Texas at a glance

New common law marriages allowed
Yes
Called informal marriage; both parties must be at least 18.
Cutoff date
Not abolished
Requirements
Agreement to marry, living together in Texas, holding out
Or a signed declaration of informal marriage. If no proceeding starts within 2 years after separation, it is presumed there was no agreement to marry.

Sources

Last checked

The rules in Texas

Can a couple form a common law marriage in Texas today?

Yes. New common law marriages allowed in Texas: yes. Called informal marriage; both parties must be at least 18.

When did Texas stop recognizing new common law marriages?

Cutoff date in Texas: Not abolished.

What are the requirements for a common law marriage in Texas?

Requirements in Texas: Agreement to marry, living together in Texas, holding out. Or a signed declaration of informal marriage. If no proceeding starts within 2 years after separation, it is presumed there was no agreement to marry.

Where do the Texas common law marriage laws come from?

The rules above come from Tex. Fam. Code 2.401 and Tex. Fam. Code 2.402. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Living together for a long time does not by itself create a marriage. Where common law marriage is allowed, the key question is usually whether both partners agreed to be married and acted that way in public, for example by using the same last name, filing joint tax returns or calling each other husband or wife.

A valid common law marriage can only be ended by divorce or death, just like a licensed marriage. There is no informal way to undo it by moving out. The question of whether a marriage existed often comes up later, in a divorce, an inheritance dispute or a claim for spousal benefits.

Couples who want clear proof of their status can sign a written declaration or affidavit of marriage where state law provides for one, or simply obtain a marriage license. Couples who live together and do not want to be married can sign a cohabitation agreement that sets out how property and expenses are handled.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.