Can living together for years give you the same rights as a married couple? Many people think so, and that misconception often leads to serious legal consequences. Just because a couple lives together doesn’t automatically mean they’re in a legally recognized common-law marriage—and if the relationship ends, it could get messy fast.
At Daniel Ogbeide Law, we’ve seen how the lack of clarity around common-law marriage can lead to complicated disputes over property, finances, and child custody. Whether it’s a contested split or an informal separation, our team—known among others as affordable divorce attorneys in Houston—helps couples understand what rights they do or don’t have.
In this blog, we’ll break down what counts as a common-law marriage, what happens when such a relationship ends, and how it compares to a traditional legal marriage.
What Makes a Common-Law Marriage?
Not all states recognize common-law marriage, but Texas does. However, it’s not automatic. You must meet specific criteria for the relationship to be legally valid:
- You both agreed to be married.
- You lived together in Texas as spouses.
- You represented yourselves to others as being married.
Without these three elements, your relationship likely won’t qualify under the law—even if you’ve been together for years.
Property and Custody Rights in Common-Law Relationships
In legally married relationships, assets acquired during the marriage are typically considered community property. If the relationship qualifies as a marriage under Texas law, the same rules apply to common-law marriages. If not, dividing assets can become difficult, especially when one partner is left out of property decisions.
For child custody, the legal difference doesn’t matter as much—parental rights are still determined based on the best interest of the child. However, not establishing a legal marriage can complicate paternity issues and rights to decision-making.
What Happens When It Ends?
This is where things get especially confusing. If you were in a valid common-law marriage, you must go through a formal divorce to end it. Otherwise, you could still be legally tied to someone years after you’ve separated.
We often handle contested divorce cases involving common-law marriages where one partner disputes the validity of the marriage altogether. In these cases, the guidance of a contested divorce attorney is essential to protect your legal and financial interests.
On the other hand, if both partners agree on property division and custody, uncontested divorce cases can be resolved more smoothly—but only with a legal divorce on record.
Are You Legally Married Without Knowing It?
If your long-term relationship feels like a marriage, you may already have a legal one, whether you wanted it or not. That’s why it’s critical to clarify your legal standing before issues arise. Common-law marriage can have the same obligations as a traditional marriage, including the need for divorce proceedings handled by a common-law divorce attorney who understands how Texas courts view these relationships.
When it comes to legal protection, don’t make assumptions. Daniel Ogbeide Law is one of the leading family law firms in the Houston area, offering straightforward legal advice and representation for everything from uncontested divorce cases to complex disputes involving common-law marriage. If you’re unsure about your relationship’s legal status—or need help ending one—our team of contested divorce lawyers is ready to help you take the next step.
Contact Daniel Ogbeide Law today to speak with one of the most trusted and affordable divorce attorneys in Houston. We’ll help you understand your rights, protect your assets, and move forward with confidence.