Did you know that Texas is one of the few states that still recognizes common-law marriages? Many couples in Houston live together for years, raise children, and share finances—only to realize too late that the end of their relationship comes with many of the same legal complications as a licensed marriage. And when children or shared property are involved, the stakes only get higher.
At Daniel Ogbeide Law, we understand how confusing and emotionally draining a common-law divorce can be. We work with individuals across Houston who need experienced guidance in dividing assets and making custody arrangements—even when there’s no official marriage certificate. Our team is known for handling both contested and uncontested divorce cases with clarity, empathy, and attention to detail.
In this post, we’ll explain what a common-law marriage means in Texas, how custody and property division are decided in a common-law divorce, and why working with a qualified attorney is critical to protecting your rights.
What Counts as a Common-Law Marriage in Texas?
In Texas, a common-law marriage—also called an informal marriage—is legally valid if these three things apply:
- Both parties agreed to be married.
- They lived together in Texas as spouses.
- They presented themselves publicly as a married couple.
No ceremony or marriage license is required, but proving the marriage existed can become the first battle in a common-law divorce.
How Common-Law Divorce Affects Property and Custody
Just like with traditional marriages, courts in Texas divide community property equally and decide custody based on the child’s best interest. But without a legal marriage record, you may need to:
- Prove the existence of the common-law marriage in court.
- Demonstrate joint ownership of property or shared financial responsibilities.
- Establish legal standing for custody or visitation rights.
These cases often become contested, especially when one partner disputes the existence of a marriage or claims separate ownership of assets. That’s where contested divorce lawyers can help guide the process and fight for a fair outcome.
Why You Still Need an Attorney
Even if both parties agree to separate, common-law divorce cases can turn complicated quickly. You may face issues such as:
- Unequal access to shared accounts or property
- Disputes over who keeps the home or other major assets
- Custody disagreements or relocation concerns
We often see people assume that because there was no formal marriage, they don’t need legal help. But without representation, you risk losing custody time, financial stability, or both.
Think Your Breakup Is Simple? Think Again.
If you’ve been living as spouses without a license, the breakup may still require legal support. Working with one of the most trusted and affordable divorce attorneys in Houston can make all the difference.
At Daniel Ogbeide Law, we focus on common-law divorce, property rights, and custody solutions that protect your future. Whether your case is contested or uncontested, our team brings the knowledge and commitment you need.
Call us at 832-321-7005 to speak with a common-law divorce attorney in Houston who understands your rights and knows how to defend them.