Common Law Marriage FAQ | Tessmer Law Firm
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Common Law Marriage FAQ

Remember, in order to have a common law marriage a couple must:


  • live together as man and wife in Texas;
  • agree to be married;
  • represent themselves as married in Texas. i.e., tell others they are married.


I’ve been living with my partner for over seven years. Are we in a common law marriage?

No, not unless you and your partner have agreed to be married and refer to each other as husband and wife to others in Texas.


My partner and I had a child together. Are we automatically considered to have a common law marriage?

No. You must meet the three requirements listed above.


I recently stopped living with my common law spouse. Can I enter into another common law marriage immediately?

No, you must divorce your former spouse before entering into another common law marriage.


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