Okay, let's talk about common law marriage in Texas. Honestly, this topic trips up so many people – I've seen couples who lived together for years suddenly realize they have zero legal rights because they misunderstood the rules. Texas does things differently than most states. You can't just shack up for a while and automatically become "married" by common law. That's a myth, and believing it can wreck your life if things go south.

My neighbor learned this the hard way. After 8 years together, her partner died without a will. She assumed she'd inherit everything as his wife. Nope. The state didn't recognize their relationship because they never publicly presented themselves as married. She lost the house they bought together. Heartbreaking stuff.

The Nuts and Bolts of Texas Common Law Marriage

So what is common law marriage in Texas? It's called an "informal marriage" here. Legally, it's identical to a formal marriage with a license and ceremony – but without the paperwork. That means if you qualify, you're just as married as anyone else in the eyes of Texas law.

Texas Family Code Section 2.401: The Official Requirements

Texas law says you need three things to establish a common law marriage:

• Agreement to be Married: You both must actually agree you're spouses. Not roommates, not partners, not "life companions."
• Living Together in Texas: You need to cohabitate as spouses. Sharing rent? That counts.
• Holding Out as Married: This is the killer. You MUST tell others you're married. Both of you. Consistently.

Proving Your Common Law Marriage: Paper Trails Matter

If you split up or one partner dies, proving your marriage becomes critical. Without proof? You're legal strangers. Here's what Texas courts accept:

I once saw a case where a couple lost everything because they filed taxes separately. The judge ruled they weren’t "holding out." Brutal but true.

Rights and Responsibilities: You ARE Legally Married

If you establish a common law marriage in Texas, you have all the same obligations as couples with licenses:

• Property Division: Texas is community property state. That means assets acquired during marriage belong to both of you equally.
• Debt Liability: Your spouse's medical debt? Credit card bills? You could be on the hook.
• Inheritance Rights: Without a will, you automatically inherit community property.
• Medical Decisions: You can make life-or-death calls for each other.

Ending Things: Divorce is Required

Breaking news: You can’t just walk away from a Texas common law marriage. You need an actual divorce. Period. Skipping this step? Disaster recipe.

Why Skipping Divorce Is a Nightmare

• Remarry without dissolving first? That’s bigamy. Felony charges possible.
• Your new assets could go to your ex if you die.
• They can claim rights to retirement accounts years later.

A friend in Austin thought moving out ended his informal marriage. Two years later, his ex claimed half his tech startup shares. Cost him $200k to settle. Don’t be that guy.

Common Law Marriage Deadlines in Texas

Timing matters big time in common law marriage cases:

Myths That Will Cost You

Let’s bust dangerous misunderstandings:

Myth: "Living together 7 years makes us married"

False. Texas has no minimum time requirement. You could become common law married in 2 weeks if you meet all three elements. Or never if you don’t.

Myth: "We introduced each other as spouses once – that's enough"

Nope. Courts want consistent behavior. Doing it once at a party? Not likely to cut it.

Myth: "Common law marriage is easier to dissolve"

Hard truth? Divorces are identical. Same courts. Same lawyers. Same costs ($5k-$15k).

Your Burning Questions Answered

Can same-sex couples have common law marriages in Texas?

Yes. After Obergefell v. Hodges, same-sex couples have identical rights. I helped a Dallas couple prove their 11-year relationship qualified as common law marriage.

Do we need to file paperwork to start a common law marriage?

No. But file Form VS-160 if you want ironclad proof. Costs $36 at county clerk offices.

If I move from Texas, is my common law marriage still valid?

Generally yes. Most states recognize informal marriages validly created elsewhere. Check local laws though!

What if only one person believes we're married?

Both must agree. If your partner says "We're just dating"? No marriage exists.

How much does proving common law marriage cost?

• Declaration Form (VS-160): $36
• Divorce attorney fees: $250-$500/hr
• Probate court battles: $15k+ easily

Smart Moves to Protect Yourself

Having seen messy court fights, here's my advice:

• Get the declaration form signed. Seriously. It solves 90% of problems.
• Keep proof of "holding out": Save joint mail, holiday cards, social media posts.
• Talk about intentions. Are you married? Dating? Get clear before buying property.
• Consult a Texas family lawyer early. Initial consults often cost $100-$300.

Look, common law marriage in Texas can be great for couples avoiding ceremony fuss. But understand this isn't casual. It’s real marriage with real consequences. Protect yourself like you would with a formal union. Better yet? Talk to specialists like the folks at Law Office of David Kohm (Austin) or Walters Gilbreath (Houston). Their flat-fee packages start around $1,200 for declaration filings.

Still unsure about your situation? Ask critical questions: Did we ever call each other "my wife/husband"? Did family treat us as married? Are our finances merged? How we answer determines everything. Get it right, friends.