What Is Common Law Marriage in Texas | Tessmer Law Firm
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What is Common Law Marriage?

In Texas common law marriage, or informal marriage, is form of marriage that confers all the same rights as what we recognize as a formal or traditional marriage.


Prior to its independence, Texas laws were based on Spanish and European civil laws. In 1840, The Republic of Texas adopted the English system of laws known as “common law.” This mixing of legal systems is why Texas is one of the few states to recognize both traditional and common law marriage as legally equivalent.


Most common law marriages become important at the end of the marriage. For example, a spouse is entitled to half of the assets accrued during a common law marriage. Common law spouses also have inheritance rights at the death of a spouse.