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Common Law & Informal Marriage in Texas

Are you unsure whether your relationship qualifies as a common law marriage in Texas? Many couples live together and share their lives without ever having a formal ceremony or marriage license—yet the law may still consider them legally married. Known in Texas as an informal marriage, this legal status can have serious implications when it comes to property division, divorce, child custody, and inheritance.

Our experienced San Antonio family law attorneys help clients understand their rights, prove (or contest) common law marriage claims, and protect their interests every step of the way.

What Is Common Law Marriage in Texas?

In Texas, common law marriage, officially called informal marriage, is a legally recognized form of marriage that does not require a ceremony or marriage license. Instead, the state recognizes the relationship based on specific criteria.

To establish a valid informal marriage in Texas, the couple must:

  • Agree to be married,
  • Live together as spouses in Texas, and
  • Represent themselves to others as being married.

These three elements must all be present at the same time. If you’re unsure whether your relationship qualifies, speaking with our experienced family law attorneys can help clarify your rights.

Common Law Divorce Items

How to Prove a Common Law Marriage in Texas

Unlike formal marriages, informal marriages often require evidence to prove their existence—especially during disputes or divorce proceedings. Courts throughout Texas look at the following to determine if an informal marriage exists:

Common Examples of Evidence:

  • Joint lease, mortgage, or home ownership
  • Shared bank accounts or credit cards
  • Tax returns filed as a married couple
  • Statements to friends, family, or employers referring to each other as spouses
  • Insurance policies listing one another as spouse or beneficiary
  • Children together, especially with both parents listed on birth certificates

Filing a Declaration of Informal Marriage with the nearby County Clerk can also serve as official documentation and help avoid disputes later.

How We Can Help

Evaluation of Your Relationship

  • Detailed consultation to determine if you meet Texas’s informal marriage criteria.

Documentation & Evidence Gathering

  • Collect affidavits, financial records, joint accounts, and testimony to prove your marriage.

Filing a Declaration (Optional)

  • When desired, we’ll prepare and file a Declaration of Informal Marriage with the County Clerk’s office to create an undisputed record.

Defending or Dissolving

  • Whether you need to defend a claim of common law marriage or pursue divorce and division of assets, our litigators stand by your side.


You may have heard of the term “palimony” to refer to money given after the end of an unmarried relationship. “Palimony” is not a legal term and does not apply to common law divorce. If the marriage is proven, the courts will decide if spousal support is merited like any other marriage.

Is There a Time Limit to Prove Common Law Marriage?

Yes. Under Texas law, you must file a legal action within two years of the date of separation. If no legal action is taken within that time, the court will presume that no marriage existed. This is why it’s critical to consult with a knowledgeable common law marriage attorney as soon as possible.

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