Can living together accidentally turn into marriage? For many people, the answer comes as a surprise. In Texas, the idea that a relationship can suddenly be recognized as a legal marriage—even without a wedding, license, or ceremony—can lead to serious legal disputes. In states like Texas that recognize common law marriage, some of these couples may not even realize that their relationship might be viewed as legally binding.

When one partner claims they were married under common law and the other strongly disagrees, the stakes can be extremely high. Property division, spousal support, retirement accounts, and even inheritance rights can be contested. That’s why proving that you’re not in a common law marriage often becomes just as important as proving that one exists.

At Daniel Ogbeide Law, we understand how overwhelming these situations can be. Our legal team focuses on protecting individuals facing disputes over alleged common law marriages. When relationships end and one partner claims a marriage existed while the other insists it did not, it’s critical to build a strong defense.

In this article, we will break down exactly how to prove you are not in a common law marriage, what legal defenses may apply, and how the right legal help can make a difference.

What Is Common Law Marriage — And Why It Matters

Before we go into defenses, we need to understand what common law marriage actually is in Texas. The state recognizes informal marriages under specific conditions:

• Agreement to be married: Both partners must have agreed to be married.
• Living together: The couple must have cohabited in Texas after the agreement.
• Representation to others: The couple must have represented to others that they are married.

If these elements are proven, Texas law treats the relationship just like any formal marriage. That means property rights, support obligations, and divorce proceedings could all come into play.

When one party alleges a common law marriage after a breakup, they may try to claim rights to shared property, financial support, or other legal benefits. Defending against these claims means challenging one or more of the required elements.

Legal Defenses to Claims of Common Law Marriage

If your former partner is claiming you were married under common law, there are multiple ways we can help establish that no valid marriage existed. Here are the most effective defenses:

1. No Mutual Agreement to Be Married

The most important element is the mutual agreement to be married. Without this, there is no marriage.

• Lack of verbal agreement: If both parties never explicitly discussed marriage, it becomes difficult to prove any agreement existed.
• Contradictory behavior: If one or both partners continued to identify themselves as single or never referred to the other as a spouse, this undermines any claim of agreement.
• Written evidence: Text messages, emails, and social media posts that indicate no intent to marry can be valuable evidence.

2. No Public Representation as a Married Couple

Even if the couple lived together, they must have held themselves out as married to others.

• Financial records: Separate tax filings, bank accounts, and insurance policies suggest the absence of a marital relationship.
• Social media: Lack of posts indicating marriage or public declarations can support your defense.
• Witness testimony: Friends, family, and coworkers can testify that you never introduced each other as husband and wife.

3. No Continuous Cohabitation in Texas

Cohabitation must occur in Texas after the alleged agreement to be married.

• Separate residences: If you maintained separate addresses or lived apart for significant periods, this can help disprove cohabitation.
• Temporary stays: Short periods of living together, without a stable joint household, often fail to meet the standard for cohabitation.

The Role of a Cohabitation Agreement

One proactive step that can prevent these disputes altogether is having a cohabitation agreement in place. A cohabitation agreement lawyer can draft a document clarifying that both parties agree they are not married and intend to keep their finances and property separate.

Even if a dispute arises later, having such an agreement signed can serve as strong evidence that no marriage existed. These agreements can outline:

• Property ownership
• Financial responsibilities
• Debt obligations
• Terms for ending the relationship

We strongly recommend consulting a cohabitation agreement attorney early in any long-term cohabiting relationship to protect both parties from unintended legal consequences.

Collecting Evidence to Disprove Common Law Marriage

When defending against a claim of common law marriage, documentation is critical. Some of the most persuasive forms of evidence include:

• Tax returns filed separately
• Individual bank and credit accounts
• Leases or mortgages in one name only
• No joint insurance policies
• Absence of wedding rings or ceremonies
• Social media profiles indicating single status
• Legal documents (such as wills or powers of attorney) listing each other as non-spouses

The more documentation you can provide showing separate financial lives and no public representation of marriage, the stronger your defense becomes.

Why Timing Matters

In Texas, there is a statute of limitations for asserting a common law marriage once the relationship ends. If a party claims a common law marriage exists, they generally must file for divorce within two years of separating. Failure to do so may serve as evidence that no marriage existed. However, this isn’t automatic. The opposing party may still attempt to assert claims outside of that window, especially in matters involving property or children.

This is where legal counsel becomes critical. A common law marriage lawyer can present evidence, challenge timelines, and defend your legal rights throughout the process.

What Happens If You Lose?

If the court determines a common law marriage did exist, you may face:

• Division of marital property
• Spousal maintenance obligations
• Potential debt responsibility
• Legal costs

The financial and emotional toll of being declared married when you did not intend to be can be significant. That’s why it’s so important to take these claims seriously from the start.

Protect Yourself Before and After Disputes Arise

Are you facing a claim of common law marriage you believe is untrue? Are you concerned that living with your partner could later be misconstrued as marriage?

At Daniel Ogbeide Law, we understand how emotionally charged and legally complex these situations can become. Our legal team has extensive experience handling disputes over alleged common law marriages, preparing cohabitation agreements, and protecting your financial interests. Whether you need a common law marriage lawyer, a common law divorce lawyer, or a cohabitation agreement attorney in Houston, we are here to provide clear, professional legal guidance.

Contact Daniel Ogbeide Law today to schedule a confidential consultation. We can help you protect your rights, secure your assets, and bring clarity to complicated relationship disputes.