Common Law Marriage Texas: Rules, Proof and Divorce
Short answer
Yes. Texas recognizes informal marriage, often called common law marriage, under Family Code § 2.401. You can prove it with a signed declaration filed with the county clerk, or by showing you agreed to be married, lived together in Texas as spouses, and told others you were married. No waiting period applies.
Last verified October 24, 2026 against current Texas law
Common law marriage in Texas is real, and it carries the same legal weight as a marriage with a license and a ceremony. The state calls it an informal marriage. Many people think you become married after living together for six months or seven years, and that is wrong. Texas has no time requirement at all. This page explains what the statute requires, how a court decides, how to end one, and how to avoid creating one by accident.
| Does Texas recognize it? | Yes. The state calls it informal marriage. Family Code § 2.401 |
|---|---|
| Three elements | An agreement to be married, living together in Texas as spouses, and telling others you are married |
| How long must you live together? | No set time. There is no six-month or seven-year rule |
| Who can enter one | Adults 18 and older who are not married to someone else |
| Paperwork option | Declaration of informal marriage, signed under oath and recorded by a county clerk |
| How to end it | A divorce under Family Code ch. 6. There is no “common law divorce” |
| Recent changes | House Bill 1193 added a privacy checkbox to the declaration form, effective September 1, 2025 |
Does Texas have common law marriage?
Yes. Texas is one of a small group of states that still lets a couple become legally married without a license or ceremony. The rule sits in Family Code § 2.401, which lists two ways to prove an informal marriage in a court case or other proceeding.
The first way is a signed declaration of informal marriage. The second way is evidence that the two of you agreed to be married, lived together in Texas as spouses after that agreement, and represented to others that you were married.
Texas courts treat the three elements in the second way as the test. In In re Estate of Lopez, No. 24-0315, the Supreme Court of Texas listed them on November 7, 2025: agreement, living together as husband and wife, and representing to others that you are married.
What are the requirements for common law marriage in Texas?
You need all three elements, plus two basic eligibility rules. Missing one element means there is no informal marriage.
- An agreement to be married. Both of you must intend to be married now, not someday. Dating, engagement or living together without that present agreement is not enough.
- Living together in Texas as spouses. The statute says you must have “lived together in this state as husband and wife” after the agreement. Roommates or a long-distance relationship do not meet this element.
- Representing to others that you are married. Courts look at how you introduce each other, how you sign documents, and what you tell friends, family, employers and agencies.
- Age. Under
Family Code § 2.401(c), a person under 18 cannot be a party to an informal marriage. - No other current marriage. Under
Family Code § 2.401(d), you cannot form one while you are married to someone else.
No court visit is needed to create the marriage. A court only gets involved later, if you divorce or a dispute arises over whether you were ever married.
How long is common law marriage in Texas?
There is no required length. A couple can meet the three elements in a week or never meet them in twenty years. Time living together is only evidence a judge may weigh, and it never creates a marriage on its own.
The only deadline in the statute works against the person claiming the marriage. Under Family Code § 2.401(b), if no proceeding to prove the marriage starts within two years after you separate and stop living together, the law presumes you never agreed to be married. That presumption can be rebutted, but it makes the case harder.
Is there a common law marriage in Texas after 6 months or 7 years?
No. Neither number appears in Texas law. The six-month and seven-year ideas are myths, and they come from rumors that repeat from state to state.
| Myth | Fact |
|---|---|
| “After seven years together you are married.” | No time period exists in the statute. Seven years without the three elements is not a marriage. |
| “Six months of living together makes it common law.” | Same answer. Six months with the three elements could be a marriage. Six years without them is not. |
| “You must file paperwork.” | No. Filing a declaration is optional. Many informal marriages are proven with other evidence. |
| “Having a child together makes you married.” | No. A child does not create a marriage. Parentage is a separate legal question. |
| “An informal marriage is a lesser kind of marriage.” | No. Once proven, it is a valid marriage with the same rights and duties. |
| “If we split up, we just walk away.” | No. If you were married, you need a divorce to end it. |
How do you prove common law marriage in Texas?
You prove it with evidence of the three elements, or with a recorded declaration. The person who says the marriage exists has the burden of proof, which means that person must convince the court.
Because most couples never sign anything, courts look at everyday records and testimony. Evidence that often comes up includes:
- Joint tax returns or tax filings that say married
- Leases, loans or utility accounts listing you as spouses
- Insurance and retirement beneficiary forms that name a spouse
- Hospital, school and employment forms that check the married box
- Friends, family and coworkers who say you introduced each other as husband and wife
- Rings, cards, photos and social media posts that describe each other as spouse
The reverse is also true. If one of you filed taxes as single, signed a lease as single, or told friends you were only dating, the other side will use those facts to challenge the claim.
The Lopez case shows how contested these disputes get. It came from an estate fight, and the Supreme Court sent it back for a new trial after finding that a former judge should not have been allowed to testify as an expert that the couple was informally married. The Court said the question is within a regular juror’s common knowledge.
How do you file a declaration of informal marriage in Texas?
You and your partner go to the county clerk together and sign a sworn declaration. This is the written route in Family Code § 2.401(a)(1), and it is the strongest proof you can have. A recorded declaration is prima facie evidence of the marriage under Family Code § 2.404.
The form comes from the state bureau of vital statistics and is provided by the county clerk. It asks for each person’s name, address, date and place of birth, and Social Security number if you have one. Each person must show proof of identity and age with a document listed in Family Code § 2.005(b), as required by Family Code § 2.403.
Three details matter before you go:
- Fees are set by the county. The Travis County clerk’s page lists a $45 fee, but check with your own county before you visit.
- Both parties must appear together. The clerk administers the oath and watches each person sign.
- Knowingly giving false identity or age proof is a Class A misdemeanor under
Family Code § 2.403.
House Bill 1193 changed the form for declarations signed on or after September 1, 2025. Either person can now check a box that keeps their identifying information confidential. When the box is checked, the clerk may not publish either person’s identifying information, other than names, or release a copy containing it to anyone except the parties or their legal representatives.
A declaration is not the same as a marriage license. A license lets you hold a ceremony, and a declaration records that you are already married. Our Texas marriage, family and relationship guides cover the other paths.
Real situations: when Texas courts face this question
You split up after ten years of living together
Your partner says you were never married and wants to keep the house in their name. You say you were married and want a share. A judge looks at the three elements and at the two-year presumption, because you must start your case within two years after separating to avoid that presumption.
Your partner dies without a will
Your partner’s family says you were only a girlfriend or boyfriend. As the Lopez case shows, you may have to prove the marriage in an estate case, and a jury can decide the facts. Records that call you spouses will matter more than what anyone remembers later.
You listed yourselves differently on paper
One of you checked “married” on an insurance form and the other checked “single” on a tax return. Courts weigh both, and mixed signals make a claim weaker. Whichever way you intend to live, keep your paperwork consistent.
You move to Texas from a state without common law marriage
The statute requires living together in Texas after the agreement. If you agreed to be married and then lived together here, your Texas life can meet the test, even if you never had a ceremony.
What happens if you want to end an informal marriage?
You must file for divorce, and our guide to Texas divorce laws covers the steps. Texas has no common law divorce, and an informal marriage ends only through a divorce, annulment or death. Once a court finds the marriage exists, the same divorce rules apply as for any other married couple.
A divorce needs a spouse who has lived in Texas for six months and in the filing county for 90 days under Family Code § 6.301. Texas then requires a 60-day wait after filing under Family Code § 6.702, with a narrow exception for family violence.
A court divides community property in a “just and right” way under Family Code § 7.001. That can mean an unequal split, depending on the facts. In a case like this, the first fight is often whether the marriage existed at all, and the divorce case cannot move forward until that is decided.
How to avoid common law marriage in Texas
Do not agree to be married, do not live together as spouses, and do not tell people you are married. Each of the three elements is a way out, and the safest plan is to avoid all three.
- Use words like partner or boyfriend or girlfriend, not husband, wife or spouse, with friends, family and agencies.
- File taxes as single or head of household if that is accurate, and do not file jointly as married.
- Do not check “married” on leases, insurance, hospital and employer forms.
- Keep separate lease or loan paperwork where you can, and keep accounts and property titles clear.
- Consider a written agreement that says you are not married and do not intend to be. It is not a guarantee, but it is useful evidence.
- If one of you wants to be married and the other does not, talk about it now, because mixed expectations are what lead to later disputes.
A written agreement can be used as evidence, but a court looks at how you actually lived. A lawyer can draft a cohabitation agreement that fits your situation.
Timeline: informal marriage law in Texas
| Date | What happened |
|---|---|
| February 2025 | House Bill 2758 and Senate Bill 1724 were filed. Among many other changes, they would have replaced “man and woman” and “husband and wife” in Family Code § 2.401(a) with neutral wording. Both were referred to committee in March 2025 and did not advance. |
| May to June 2025 | House Bill 1193 passed both chambers and was signed on June 20, 2025. |
| September 1, 2025 | House Bill 1193 took effect. Declarations signed on or after that date can use the confidentiality checkbox. |
| November 7, 2025 | The Supreme Court of Texas decided In re Estate of Lopez, No. 24-0315, on expert testimony about informal marriage. |
| 2026 | The text of Family Code § 2.401 has not been changed by the Legislature as of this page’s verification date. The next regular session starts in January 2027. |
Does Texas common law marriage apply to same-sex couples?
The words of Family Code § 2.401 still say “a man and woman” and “husband and wife.” Texas has not updated them. The 2025 bills to do so, House Bill 2758 and Senate Bill 1724, were filed in February 2025 and did not advance out of committee.
Federal law is separate. Since Obergefell v. Hodges in 2015, states must license and recognize same-sex marriages on the same terms as other marriages. If this question affects you, ask a Texas family lawyer how courts apply the statute to your situation.
Common law marriage in Texas compared with neighboring states
Among Texas’s neighbors, Texas is the only one where the rule is written into a statute. The others work differently.
| State | Can a couple form a common law marriage? |
|---|---|
| Texas | Yes, by statute: Family Code § 2.401 |
| Oklahoma | Yes, by court decision rather than by statute. Oklahoma’s marriage statutes describe licensed marriage, but its courts recognize common law marriage, and the person claiming it must prove it by clear and convincing evidence |
| Louisiana | No. A license and ceremony are required |
| New Mexico | No. A license and ceremony are required |
| Arkansas | No. A license and ceremony are required |
Moving between these states can change your answer. If you met in Oklahoma and now live in Texas, the Texas rule looks at what you agreed and did while living together here, although a marriage that was validly formed in Oklahoma could also be recognized.
Benefits and risks of an informal marriage
An informal marriage gives you the same rights as any marriage, but proving it can be costly. The main benefit is that property acquired during the marriage is generally community property, and a divorce court divides it. The main risk is that you may need to prove the marriage in court, and your partner may fight it.
Rights that depend on being a spouse, such as property division and inheritance when there is no will, may also depend on proof. Keep records that show how you lived. For related topics, see our everyday life, property and your rights guides.
Frequently asked questions
Does Texas recognize common law marriage?
Yes. Texas recognizes informal marriage under Family Code § 2.401. You must agree to be married, live together in Texas as spouses, and represent to others that you are married. You can also file a declaration of informal marriage with the county clerk. Both people must be adults and neither can be married to someone else.
How long do you have to live together to be common law married in Texas?
There is no minimum time. Texas law does not use a six-month or seven-year rule. What counts is whether you agreed to be married, lived together in Texas as spouses, and told others you were married. A short relationship can qualify, and a long relationship without those facts does not.
Do you need a declaration of informal marriage?
No. A declaration is one of two ways to prove an informal marriage under Family Code § 2.401(a). It is useful because a recorded declaration is prima facie evidence of the marriage. Without one, you prove the marriage by showing the agreement, living together as spouses, and holding yourselves out as married.
Is there a common law divorce in Texas?
No. If you were informally married, you must end the marriage through a regular divorce under Family Code chapter 6. A spouse must meet the residency rules, and Texas imposes a 60-day wait after filing. If your partner denies the marriage, the court must first decide whether one existed.
What is the two-year rule in Texas?
Under Family Code § 2.401(b), if you do not start a proceeding to prove the marriage within two years after you separate and stop living together, the law presumes you never agreed to be married. The presumption can be rebutted with evidence, but it puts extra burden on the person claiming the marriage.
Can a common law marriage happen if only one person thinks they are married?
Not by itself. The agreement to be married must be shared. If one of you says you were married and the other says you were only dating, a court decides based on evidence, such as tax forms, leases, insurance papers and what you each told other people.
Does Texas recognize common law marriage if we lived together before moving here?
Texas law requires that you lived together in Texas as spouses after you agreed to be married. Time spent together elsewhere does not create an informal marriage here. If you agreed to be married and then lived together in Texas, the statute can apply to your Texas years.
What changed on this page
October 24, 2026: Verified against current Texas law. Covers the elements in Family Code § 2.401, the two-year presumption, the 2025 declaration privacy change in House Bill 1193, and the November 2025 In re Estate of Lopez decision.
If this affects you: if you are splitting up, or a partner has died and the question is whether you were married, talk with a Texas-licensed family law attorney soon, because the two-year presumption can work against you. If you want to avoid or confirm a marriage, a lawyer can prepare a cohabitation agreement or help you file a declaration. This guide is general legal information, not advice for your situation. Read how we research every guide in our editorial policy, or report an error.
