In Texas, not all marriages begin with a wedding. Many couples live together, share finances, raise children, and consider themselves married—without ever obtaining a marriage license. But does the law agree? Understanding what qualifies as common law marriage in Texas is critical, especially when relationships end or legal rights are disputed.
At Daniel Ogbeide Law, we help clients navigate the complex rules surrounding common law marriage, property rights, custody, and separation. Whether you’re seeking clarity or preparing for litigation, this guide outlines what courts consider when evaluating common law relationships.
What Is Common Law Marriage in Texas?
Texas is one of the few states that still recognizes common law marriage, also called “informal marriage.” While the term suggests something casual, it carries serious legal implications—particularly during divorce, custody, and property division cases.
To establish a valid common law marriage in Texas, three elements must be met:
- The couple agreed to be married.
- They lived together in Texas as spouses.
- They represented to others that they were married.
All three must be true for a relationship to qualify. Simply living together or dating for years isn’t enough.
Proving a Common Law Marriage
Proving the existence of a common law marriage often becomes a point of conflict in separation or divorce proceedings. If one partner denies that a marriage existed, the other must provide evidence to support their claim.
This may include:
- Joint tax returns
- Shared leases or mortgages
- Insurance policies listing one another as spouses
- Testimony from friends or family
- Social media posts or public acknowledgments of marriage
Our family law and litigation attorneys regularly work with clients to gather and present this type of evidence in court.
When Common Law Marriage Impacts Divorce
Once a common law marriage is established, it is treated the same as a formal marriage under Texas law. This means a couple must go through the legal divorce process, including:
- Property division and debts
- Spousal support where applicable
- Child custody and visitation if children are involved
A formal divorce is required—even if there was never a wedding ceremony. Our common law divorce lawyers help clients protect their interests and assets in these complex cases.
Property Division in a Common Law Marriage
Property acquired during a common law marriage is considered community property, just like in traditional marriages. That means both partners may be entitled to an equal share, regardless of whose name is on the title or account.
If you’re unsure what qualifies as community property or how to divide assets, working with a property division lawyer can help ensure a fair outcome.
At Daniel Ogbeide Law, we offer guidance and legal support during property division mediation or litigation, tailored to the unique circumstances of informal marriages.
What Happens If a Partner Disputes the Marriage?
Disputes about whether a marriage ever existed are common in common law divorce cases. If a relationship ends and one partner denies a marital agreement, the other must file a “Suit to Declare the Marriage Existed” within two years of separation. If not filed within this window, courts may presume no marriage occurred.
This legal step is crucial to secure rights like asset division or spousal support. Our divorce attorneys assist clients in timely filing and building a strong case backed by documentation and witness testimony.
Common Law Marriage and Child Custody
Regardless of marital status, Texas courts prioritize the best interests of the child in all custody cases. But establishing parentage and custody rights can be more complicated without a formal marriage.
If you’re facing custody challenges after a common law relationship ends, a child custody lawyer can help you establish visitation schedules, legal responsibilities, and parental rights.
Our child custody attorneys in Houston work closely with clients to resolve disputes through mediation or litigation—ensuring children remain protected.
Can a Postnuptial Agreement Apply to a Common Law Marriage?
While postnuptial agreements are more common in formal marriages, similar legal arrangements may be used in informal marriages. Couples can draft cohabitation agreements or contracts outlining how assets, debts, or responsibilities will be handled if the relationship ends.
These documents, when properly executed, can be powerful tools in protecting your financial interests. Our family law attorneys can help draft and review agreements to ensure enforceability.
Why Legal Guidance Is Essential
Common law marriage may seem like a loophole to avoid legal complexity, but it can actually lead to more confusion and prolonged legal battles. Whether you’re seeking recognition of your marriage or defending against an unsupported claim, our family lawyers offer strategic counsel grounded in Texas law.
As family court lawyers with experience in both contested and uncontested cases, we understand the burden of proof and the personal stakes involved.
Get Legal Help With Common Law Marriage and Divorce
At Daniel Ogbeide Law, we’ve helped countless individuals clarify their marital status, secure their assets, and protect their families. Our team of family law and litigation attorneys in Houston takes a proactive approach to resolving legal uncertainty and defending your rights.
If you’re dealing with issues around common law marriage, let us help you move forward with clarity and strength.
Get the Support You Need—From a Team That Listens
At Daniel Ogbeide Law, we understand that every relationship is unique. Whether you’re unsure of your legal status or facing the complexities of a common law divorce, our compassionate team is here to guide you through every step. We fight to protect what matters most—your family, your property, and your peace of mind. Reach out today to speak with an experienced family law attorney who puts your needs first.