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Under § 2.401 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a three-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. A 1995 update adds an evidentiary presumption that there was no marriage if no suit for proof of marriage is filed within two years of the date the parties separated and ceased living together.

There may be complication regarding inheritance within an informal marriage. The spouse in an informal marriage has the same rights of inheritance as a spouse in a formal marriage. However, the family that would inherit if there was no spouse could oppose the common law claim and make the surviving informal spouse prove there was a 'legal' informal marriage. You can read more about informal or common-law marriages in Texas at the related link provided below.

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13y ago
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14y ago

Yes, if you meet the requirements for being common law married, which are extensive.

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Q: Can you be common law married to the same person if you have divorced them but still live together in the state of Texas?
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