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In Texas, you can be married formally or informally. The formal way is when you sign a written declaration of marriage. The informal way, also known as a common-law marriage, is when you and another person agree to be married, thereafter live together in Texas as spouses, and represent to others that you are married.
Texas is one of only nine states that does recognize this form of matrimony. Despite the fact that formality is not required for a common-law marriage to exist, a couple married at common law is still required to appear before a court in order to obtain a divorce.
While it is not a requirement, couples can register their common law marriage by filing a declaration with the county clerk. For couples that choose not to declare their common law marriage, documents such as lease agreements, tax returns, and insurance policies may be requested in order to "prove" the marriage.
According to Chapter 2.401 the Texas Family Code, a common law marriage must have these three elements: The couple has agreed to be married; The couple has agreed to live together as husband and wife; The couple has represented themselves as a married couple to others.
Fact 1: Common law marriage IS a thing in Texas. While most states in the United States do not recognize common law marriage, Texas is one of several states that DOES. Common law marriage is referred to as informal marriage in the Texas Family Code.
Declaration of Informal Marriage Once signed, the declaration is valid proof of marriage and you are considered married for all legal purposes. The declaration form is available from the county clerk.
Fact 1: Common law marriage IS a thing in Texas. While most states in the United States do not recognize common law marriage, Texas is one of several states that DOES. Common law marriage is referred to as informal marriage in the Texas Family Code.
It is important that couples understand these requirements of common law marriage in order to protect their rights. While there is no time limit on the amount of a time a couple lives together, the law does require that a couple cohabitate for two years.
You can obtain the form from the county clerk. Note that a Declaration of Informal Marriage is not required to create a common law marriage in Texas, but it does offer official proof that such a marriage does exist.