Texas is one of a small number of states that still recognizes common-law marriage. The Family Code calls it an informal marriage. If a couple meets the legal requirements, they are just as married as a couple who had a church wedding and a license from the county clerk, with the same property rights and the same need for a divorce to end it.
There's a lot of folklore about common-law marriage. Living together for seven years doesn't make you married, and there's no such thing as a "common-law divorce." Here's how it actually works.
The three requirements
A Texas informal marriage exists if the couple:
- Agreed to be married. Both partners intended a present, immediate marriage, not a plan to get married someday.
- Lived together in Texas as spouses after that agreement.
- Represented to others in Texas that they were married, sometimes called "holding out."
All three must exist at the same time. There's no minimum period of living together. A couple could meet all three requirements in a short time, while a couple who lived together for 20 years without ever agreeing to be married isn't married.
Both people must also be legally able to marry: at least 18 years old, not already married to someone else and not closely related.
Proving a common-law marriage
Because there's no license, an informal marriage is often proven with circumstantial evidence. The "agreement" element is usually the hardest. Courts look at the whole picture, and helpful evidence can include:
- Joint tax returns filed as "married."
- Insurance policies, leases, loan applications or medical forms listing the other person as a spouse.
- Introducing each other as "my husband" or "my wife" to family, friends, coworkers and neighbors.
- Using the same last name.
- Joint bank accounts and property bought together.
- Cards, letters or social media posts referring to each other as spouses.
- Testimony from people who knew the couple.
Evidence on the other side matters too. Filing taxes as "single," telling people "we're not married" or listing yourself as single on a benefits application can undercut a marriage claim. Occasional references to "my wife" alone usually aren't enough if the overall picture says otherwise.
The easy way: a Declaration of Informal Marriage
A couple can remove any doubt by signing a Declaration and Registration of Informal Marriage and filing it with the county clerk. In Seguin, that's the Guadalupe County Clerk. The declaration states the date the marriage began, and it's strong evidence that the marriage exists. Couples sometimes file one when they need to show proof of marriage for insurance, immigration or benefits.
The county clerk handles marriage records, including declarations of informal marriage. The district clerk handles divorce cases. They're different offices.
The two-year rule
If a couple separates and no lawsuit to prove the marriage is filed within two years after they stopped living together, Texas law presumes the couple never agreed to be married. This is a rebuttable presumption, which means it can be overcome with evidence, but it makes proving the marriage harder.
If you believe you were in an informal marriage and you're separated, don't wait. Filing a divorce or a suit to establish the marriage within two years of separation avoids the presumption.
Divorcing a common-law spouse
Once an informal marriage exists, the only ways to end it are divorce, annulment (in limited cases) or death. Simply moving out doesn't end it. That means:
- You use the same divorce process as any other married couple, filed with the district clerk. See how to file for divorce in Seguin.
- The same residency rules and 60-day waiting period apply.
- Property acquired during the informal marriage is presumed to be community property and is divided in a just and right way.
- Spousal maintenance, retirement division and other divorce issues apply the same way.
The main difference is that one spouse may dispute that a marriage ever existed. In that case, the court first has to decide whether there was an informal marriage, and when it started. The start date matters because it decides which property is community property.
If you never formally divorce and later marry someone else, that later marriage may be void because you were still legally married. This catches people off guard. See annulment in Texas for more on void marriages.
What if you weren't married?
If a court finds there was no informal marriage, there's no divorce and no community property division. Property is generally sorted out based on ownership, title and ordinary contract and property law, which can leave a partner who contributed without being on the title in a weaker position.
Children are protected either way. Unmarried parents can still get orders on custody, visitation and child support. A father who wasn't married to the mother may need to establish paternity first. See paternity and fathers' rights in Texas and our page on child custody.
| Myth | Reality |
|---|---|
| Living together for 7 years makes you married | No time requirement; you need agreement, cohabitation and holding out |
| You can end it by moving out | An informal marriage requires a divorce to end |
| Common-law spouses have fewer rights | Once proven, the marriage has the same legal effect |
| You can register it at the courthouse later | True: a declaration can be filed with the county clerk |
Getting help
Common-law marriage cases often turn on facts and evidence. Attorney Jesus R. Lopez helps people in Seguin and throughout Guadalupe County either prove or contest an informal marriage and handle the divorce that follows. Free consultations are available in English or Spanish.
Frequently asked questions
How long do you have to live together to be common-law married in Texas?
There's no set time. You must agree to be married, live together in Texas as spouses and tell others you're married.
Do I need a divorce to end a common-law marriage?
Yes. A valid informal marriage can only end by divorce, annulment in limited cases, or death.
What is the two-year rule?
If no suit is filed within two years after the couple separated, the law presumes they never agreed to be married. The presumption can be rebutted with evidence, but it's harder.
Where do I file a Declaration of Informal Marriage?
With the county clerk. In Guadalupe County, that's the Guadalupe County Clerk in Seguin.
Have questions about your situation? Talk with a Seguin divorce lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.