Texas Common Law Marriage - What is It?

Posted on April 15, 2007 by Shannon Cavers

Common law marriage is legal terminology often casually used in conversation, but persons involved in marriages without formalities may not be aware of the statutory elements, or that the Texas legislature has revised the law several times since 1989.

Information regarding common law marriage is found in the Texas Family Code at 2.401 - 2.402. 

A man and woman may enter into an informal marriage by one of two methods:

  • Executing a written declaration as described in Tex. Fam. Code Section 2.402; or
  • By meeting a three prong evidentiary test:
    1. the man and woman agree to be married;
    2. the man and woman cohabitate in Texas;  and,
    3. the man and woman hold out to other parties that they are married.

 

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