Can you really be married without ever saying “I do” in front of a judge or priest? In Texas, the answer is yes. Known as common law marriage, this form of legal union still holds weight in the state — but it often leads to confusion, especially when couples separate. Many couples who live together for years don’t realize that their relationship may have the same legal consequences as a formal marriage. That becomes a major problem when it’s time to divide property or decide custody.
At Daniel Ogbeide Law, we’ve worked with clients who never saw their relationship as a formal marriage — until they found themselves in the middle of a legal dispute that said otherwise. If you’re in a relationship that may meet Texas’ legal definition of common law marriage, it’s essential to understand what that means before a separation turns into a contested fight. Our team of family law attorneys provides clear guidance for complex situations like these, especially when emotions run high and the legal system feels overwhelming.
This blog breaks down what legally qualifies as a common law marriage in Texas, how separation works, and what to expect when dividing property or handling disputes in court.
What Counts as a Common Law Marriage in Texas?
Common law marriage — legally called informal marriage in Texas — is still fully recognized by the state. But that doesn’t mean every couple who lives together is married in the eyes of the law. Texas courts use three clear conditions to determine if a couple is considered married without a formal ceremony or license:
1. Agreement to Be Married
Both partners must agree that they are married. This agreement doesn’t need to be in writing, but it must be mutual and clear.
2. Living Together as Spouses in Texas
The couple must live together in Texas as if they are married. That includes sharing a home and behaving like spouses — introducing each other as husband or wife, filing joint taxes, or sharing finances.
3. Representation to Others That You Are Married
The couple must present themselves to others as married. This could be through social media posts, joint leases, shared bank accounts, or even how they’re introduced to friends and family.
If all three of these are true, the law may treat the relationship just like a formal marriage — including during a breakup.
What Happens When Common Law Couples Separate?
One of the biggest challenges in separating from a common law marriage is proving — or disproving — that the marriage existed. If one party denies the marriage, the other must file a legal case to have it recognized before anything else can proceed.
If no legal action is taken within two years of the separation, Texas law generally assumes there was no common law marriage at all. That can be a significant roadblock when trying to claim your rights to shared property or spousal support.
To legally separate, one person must file for divorce. That process looks nearly identical to a formal divorce, which often surprises people. You’ll need to:
- Prove the common law marriage existed
- Settle child custody (if children are involved)
- Divide marital assets
- Possibly argue over alimony or spousal support
This is where working with a common law divorce lawyer becomes vital — someone who understands both the informal marriage standards and the formal divorce process.
Property Division in a Common Law Divorce
Texas is a community property state. That means anything acquired during the marriage — regardless of who paid for it — is presumed to be owned equally by both partners. In a common law marriage, this rule still applies.
Marital property may include:
- Homes and real estate
- Vehicles
- Retirement accounts
- Business assets
- Debts
If the court recognizes your relationship as a common law marriage, all property acquired during that time can be divided equally. If the other party disputes the marriage entirely, the process can quickly escalate, often requiring a contested divorce attorney to represent your interests.
You’ll need evidence to support your claim — utility bills, shared bank statements, joint tax filings, or even text messages acknowledging the relationship. If children are involved, custody, support, and visitation will also follow the same legal rules as any formal divorce.
Why Common Law Marriage Can Become a Legal Battleground
Because there’s no formal marriage certificate, these cases often hinge on interpretation. That can lead to:
- Disagreements about when (or if) the marriage began
- Fights over property ownership
- Custody disputes
- Complications around spousal support or debt liability
Even if the relationship ended peacefully, disagreements can arise later if one person remarries, files for taxes, or applies for benefits. It’s not uncommon for courts to see these cases long after a couple has parted ways.
That’s why it’s smart to speak with a family law attorney — not just when things fall apart, but even while things seem fine. Understanding your legal rights today can save you years of legal battles later.
Think You Might Be in a Common Law Marriage? Here’s What to Do Before You Separate
The line between being in a committed relationship and being legally married can blur fast in Texas. If you’ve been living together, sharing bills, and presenting yourselves as spouses — you may have more legal obligations than you think. Before you separate, it’s essential to protect yourself.
At Daniel Ogbeide Law, we help individuals and families clarify where they stand and what their rights are — long before they end up in court. Whether you need help proving or contesting a common law marriage, dividing property, or resolving custody issues, our team is ready to guide you through the process. We are one of the most trusted names for those searching for a common law divorce lawyer or contested divorce attorney in Houston, and we handle each case with the diligence and clarity it deserves.
Contact Daniel Ogbeide Law today to speak with a family law attorney in Houston who can help you understand your legal status and protect what matters most.