What Is Common Law Marriage?

What Is Common Law Marriage (In Texas)?

One of the questions people ask is “What is common law marriage?” or Does informal marriage exist in Texas? An informal marriage or common law marriage is a lawful marriage where a ceremony is not required. It is held to the same standard as a formal marriage.

The follow-up question is “How do I prove that my relationship with my partner is a common-law marriage?” To prove a common law marriage, you need to show the court that:

• you and your partner are at least 18 years old when your marriage began,
• that you were not formally married before,
• that you agreed to the married,
• you both lived together,
• and you HELD OUT to others (represented to the public) that you were husband and wife.

Evidence such as joint loan applications, children together, joint tax filing, joint purchases (community property), etc. Why do you need to prove that I am in a common-law marriage? Generally, in Texas, spouses prove common law marriage in either divorce, inheritance, or other property issues.

There are other states in the United States that acknowledge informal marriage such as Utah.