Establishing a common law marriage in Texas involves more than just living together or having a long-term relationship. While many may assume that shared experiences automatically create a marital bond, Texas law has specific requirements for legal recognition. Courts look for clear evidence that both partners intended to be married, cohabited, and held themselves out as a married couple. Understanding these requirements is essential if you’re trying to establish a common-law marriage in Texas. Here’s what you need to know to ensure your relationship meets the legal criteria.
No Public Representation of Marriage
To establish a common-law marriage in Texas, you must “hold out” as a married couple to the public. This means openly presenting yourselves as spouses to family, friends, and the community. Courts look for evidence that you didn’t just keep your relationship private but actively showed others that you considered yourselves married.
Example Scenarios That Fall Short
If you signed a rental agreement with only one name, it doesn’t demonstrate a commitment to share responsibilities as a married couple. Even more telling, listing “single” on hospital or medical forms signals to others that you see yourself as unmarried. These examples, in isolation, do not prove a common-law marriage. Courts require more consistent, public declarations that reflect a true marital relationship.
Absence of Cohabitation
Living together under the same roof is essential for establishing common-law marriage in Texas. Courts view cohabitation as a foundational component of marriage, especially in a common-law setting. Couples who do not live together cannot establish this critical element.
Incomplete Actions
Simply planning to move in together without following through doesn’t satisfy this requirement. For instance, packing up your belongings, hiring movers, or creating a checklist but ultimately keeping separate residences falls short. Courts need clear evidence of cohabitation to recognize common-law marriage.
Commitment Without Marriage Agreement
Agreeing to be married goes beyond commitment alone. While dedication and loyalty can create a strong bond, they don’t satisfy Texas law’s requirement for an explicit agreement to marry. Courts expect to see a mutual understanding between both partners that they view themselves as married.
Testing the Relationship
Living together to see if a relationship has long-term potential doesn’t qualify as a marriage agreement. Courts won’t consider common-law marriage if the relationship resembles a trial phase rather than a firm commitment to be married.
Support Through Challenges
Staying together during illness or challenging times also doesn’t prove a marriage agreement. Although loyalty through adversity shows dedication, it doesn’t establish that both partners viewed themselves as spouses.
Lack of a Written or Explicit Agreement
Courts require clear intent and explicit agreement to confirm a common-law marriage. An agreement doesn’t have to be formal or written, but it needs to be direct and mutual. Courts look for specific evidence showing that both partners saw themselves as married.
Vague or Ambiguous Discussions
Casual mentions of “being together forever” without a specific reference to marriage do not establish common-law marriage. Texas law requires a definite commitment to marriage, not just long-term companionship.
Affection and Physical Closeness
Physical affection, such as holding hands or displaying other forms of affection, alone doesn’t establish a marriage. In fact, affection by itself doesn’t serve as sufficient evidence of a marriage agreement. Instead, courts expect stronger, clearer signals of intent to marry—indications that go beyond just emotional connection. Therefore, it’s crucial to demonstrate concrete actions and agreements that show a mutual commitment to marriage.
No Formal or Public Declaration of Intent to Marry
Establishing a common-law marriage in Texas requires a present, clear intent to be married. Simply dating, getting engaged, or even discussing future plans to marry does not meet this standard. Courts expect to see a direct commitment to marriage that exists now, not just an idea for the future.
Distinguishing Marriage from Dating or Engagement
Dating or engagement doesn’t equate to marriage in Texas law. Proposals, engagement rings, and long-term relationships may indicate a serious connection but do not meet the requirements for common-law marriage. Courts require an active and mutual declaration of marriage, not just the intent to marry someday.
Example Scenarios
- Proposals and Engagements
Getting engaged does not mean you are married. Even with a proposal, a ring, and mutual promises, courts see this as an intention for future marriage rather than an agreement to be married now. Without a present intent to be married, common-law marriage is not established. - Intentions for Future Marriage
Simply planning to marry in the future does not create a common-law marriage. Statements about marrying “someday” suggest a goal, not a marital commitment. To meet Texas standards, both partners need to act as if they are already married in the present moment, not in the distant future.
Court’s Perspective
Courts assess common-law marriage claims based on clear, current intent. They look for signs that both partners fully understood and acted upon a present agreement to be married. Future intentions or dreams of marriage don’t meet the threshold for a legal common-law marriage.
Conclusion
To establish a common law marriage in Texas, you must meet key legal criteria: a mutual agreement to be married, public representation as a married couple, and cohabitation. Simply fulfilling one or two of these elements won’t meet the legal requirements. Each factor must be supported with clear evidence for the relationship to be recognized as a common-law marriage. If you’re unsure about your relationship’s standing under Texas law, it’s advisable to consult a legal expert to clarify whether you have successfully established a common law marriage in Texas.
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
