"Common Law" or Informal Marriage in Texas

Many individuals throw the term "common law marriage" around but few are very familiar with what common law marriage is in Texas. The concept of common law marriage as individuals generally understand it is actually called informal marriage, in Texas. In order to have a recognized informal marriage in Texas, three elements must be satisfied:

1) a present agreement or intention to be husband and wife;

2) living together as husband and wife; and

3) a "holding out" as husband and wife (representing to others that the parties are, in fact, husband and wife).

Of the three necessary elements above, individuals who believe themselves to be in an informal marriage are often mistaken because there was never a present agreement or intention to be husband and wife. Simply calling your significant other "wifey" or "hubby" while in front of others is insufficient to saisfy the first element. Although it is arguably enough to satisfy the third "holding out" element it does not, by itself, satisfy the element of a present agreement. Similarly, an agreement to get married at some future date also fails to satisfy the first element.

Now, when someone you know refers to themselves as common law married you can ask them whether they mean informal marriage and you may want to inqure whether they have ever actually agreed to be husband and wife now, rather than on some date in the future.

If you need assistance in a Family Law case contact one of our attorneys:

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