Some couples choose to be “life partners” without a formal marriage ceremony or marriage license. These relationships can last for years, during which time the couple may accumulate significant property together. When the relationship ends, a common—and often contentious—question arises: What happens to the property?
Texas law recognizes common law marriage—also called an informal marriage—if certain requirements are met. Once established, a common law marriage is treated the same as a ceremonial marriage under Texas law, meaning community property rules apply.
To prove a common law marriage in Texas, the partner making the claim must show:
There is no minimum time requirement for living together. A common law marriage can form in just weeks—or over decades—if all three elements are met. However, if the couple separates and no divorce case is filed within two years, the law presumes no common law marriage existed.
Proving that a common law marriage exists is only the first step. The date the marriage began can be just as important, because Texas is a community property state.
In a divorce, the court presumes that all assets acquired during the marriage belong to both spouses—regardless of whose name is on the title or account. The marriage start date determines:
Disputes often arise when:
An experienced common law marriage lawyer can gather evidence, present your case effectively, and work to protect your financial interests.
Common law marriage disputes can become especially complex when significant assets are involved. The outcome may affect:
If there is disagreement about whether a marriage existed—or when it began—having a skilled common law marriage attorney is critical to protecting your rights under Texas divorce laws.
If your relationship is ending and you believe you may be common law married—or you need to defend against a false claim—speak with a knowledgeable lawyer as soon as possible.
The common law marriage attorneys at Mims Ballew Hollingsworth understand the intricacies of proving and defending against informal marriage claims in Texas. We will explain your rights, help you build your case, and work to safeguard your assets and future.
Contact us today to schedule a consultation with one of our Board Certified attorneys!
We put you and your family first! Whether you are facing divorce, seeking adoption, or have a child custody case, you can rely on our legal team. Contact us today for a case review or legal consultation.
Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.
Content reviewed by a Board Certified family law attorney Bryan Ballew.
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In Texas, a common law marriage exists if you and your partner agreed to be married, lived together in Texas, and represented yourselves to others as a married couple. All three requirements must be met for the marriage to be legally recognized.
Yes. Common law spouses have the same rights and obligations as formally married couples, which means the relationship must be legally dissolved through a divorce to divide property and settle other issues.
You can prove a common law marriage by providing evidence such as joint tax returns, shared bank accounts, property titles, insurance policies naming each other as spouses, or witness testimony that you presented yourselves as married.
Texas treats common law marriages the same as formal marriages for property division. Any assets acquired during the marriage are considered community property and are subject to fair division, regardless of whose name is on the title.
Yes, but you must file for divorce within two years of separating. If no divorce case is filed within that time, Texas law presumes that no common law marriage existed.
Yes. Same-sex couples have the same legal right to establish a common law marriage in Texas, as long as they meet the same requirements as opposite-sex couples.
You have two years from the date you separate to file for divorce. If no case is filed within that period, the law presumes the marriage did not exist.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.
