Frequently Asked Legal Questions

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664 views   |   50   |   Last updated on Apr 28, 2015    Family Law

Yes, Texas law does recognize common law marriages, which are referred to as "marriages without formalities" or "informal marriages." See chapter 2, subchapter E of the Texas Family Code for the state laws on common law marriages. The Travis County website answers many frequently asked questions about common law marriages. In particular, the Travis County website states that three elements must be present to form a common law marriage:

First, you must have "agreed to be married."
Second, you must have "held yourselves out" as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as "my husband," or you may have filed a joint income tax return.
Third, you must have lived together in this state as husband and wife.

Review our common law marriage research guide if you would like to locate more information about common law marriage.

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