Did you know that many couples assume they’re in a common law marriage—only to find out during separation or divorce that the court doesn’t see it the same way?
In Texas, where common law marriage is recognized, these assumptions can create serious legal complications. Many believe that simply living together for a certain number of years is enough to be considered married under common law. Unfortunately, that’s not always true. Without proper legal recognition, individuals can face significant challenges related to property division, spousal support, and other marital rights during a breakup.
At Daniel Ogbeide Law, we understand how confusing and stressful this situation can be. Our team has handled numerous cases involving common law marriage disputes, offering clear legal guidance during these complex and emotional cases. If you’re uncertain whether your relationship qualifies as a common law marriage—or how it may impact a separation—we can help you find answers.
In this article, we will explain what qualifies as a common law marriage, what evidence the courts require to recognize it, and how these factors come into play during divorce proceedings.
What Exactly Is Common Law Marriage?
Common law marriage is often misunderstood. In Texas, it is legally called an “informal marriage.” Despite the absence of a marriage license or ceremony, the law may still recognize the relationship as legally binding if specific criteria are met.
For a common law marriage to exist, the couple must meet the following requirements:
- Agreement to Be Married: Both individuals must agree that they are married.
- Cohabitation: The couple must live together in Texas as spouses.
- Public Representation: Both individuals must represent themselves to others as married.
All three elements must exist at the same time. Simply living together for several years or sharing finances is not enough on its own.
Myths About Common Law Marriage
Many people believe in widespread myths that can lead to legal trouble:
- “Living together for a certain number of years makes us married.”
There is no specific time period that automatically establishes a common law marriage in Texas. - “If we file taxes together, that proves we’re married.”
Filing taxes jointly may support a claim but does not, by itself, create a marriage. - “Having children together automatically makes us married.”
Having children together has no bearing on whether a common law marriage exists.
Believing these misconceptions can leave couples vulnerable during a breakup or legal dispute.
How Courts Determine If a Common Law Marriage Exists
When disputes arise, courts closely examine the relationship to determine if it meets the legal requirements. The burden of proof typically falls on the person claiming that a common law marriage exists. Courts will look at a variety of evidence, including:
- Written Agreements: Any signed statements or documents where both parties acknowledge they are married.
- Shared Financial Accounts: Joint bank accounts, shared credit cards, or joint loans may support the claim.
- Tax Returns: Filing joint tax returns as a married couple.
- Insurance Policies: Naming each other as spouses on health, life, or auto insurance.
- Property Records: Deeds, leases, or titles listing both parties as spouses.
- Public Representation: Testimony from friends, family, or coworkers confirming that the couple presented themselves as married.
Without strong and consistent evidence, proving a common law marriage can become very difficult—especially during a contested separation or divorce.
The Role of Cohabitation Agreements
For couples who want to protect themselves, a cohabitation agreement can be a powerful tool. This legal contract outlines each party’s rights and responsibilities, whether or not the relationship is recognized as a common law marriage.
A cohabitation agreement can cover:
- Property ownership and division
- Financial responsibilities
- Debt obligations
- What happens if the relationship ends
Having a clearly written agreement can prevent future disputes and provide clarity for both parties. Working with a cohabitation agreement attorney ensures that the document is legally enforceable and covers important issues that might otherwise be overlooked.
Why This Matters During Divorce
If a couple separates and one party claims there was a common law marriage, the courts must first determine if a valid marriage existed before addressing property division, spousal support, or other legal matters.
- Without recognition: Each person retains their own property, and there are no spousal rights or obligations.
- With recognition: The marriage is treated like any formal marriage, requiring equitable distribution of assets and potential spousal maintenance.
In these situations, working with an experienced common law divorce lawyer becomes critical. They can present the necessary evidence, challenge weak claims, and protect your rights throughout the divorce process.
Facing Questions About Your Relationship? You Don’t Have to Handle This Alone
Are you wondering whether your relationship qualifies as a common law marriage? Or are you facing a potential dispute about property and rights during a separation? These questions can have lasting financial and legal consequences if not handled properly.
At Daniel Ogbeide Law, we know how important it is to get clear answers. As one of the leading family law firms, we have assisted many clients dealing with complex common law marriage issues. Whether you need a common law marriage lawyer to help prove your relationship status, a cohabitation agreement lawyer to secure your interests, or a common law divorce lawyer in Houston to represent you during separation—we are here to guide you with confidence and experience.
Contact us today to schedule a consultation and protect your future. Our team understands the challenges you’re facing and will work tirelessly to ensure your rights are fully protected.