In Texas, the state recognizes two types of marriages: Formal Marriages and Informal Marriages, also known as Common Law Marriages. A formal marriage usually involves a religious or civil ceremony and is accompanied by a marriage license registered with the state or country where the couple resides. Texas also recognizes formal marriages from over 90 countries, including Mexico, Guatemala, Honduras, El Salvador, Colombia, Peru, Turkey, and many others around the world.
Some people believe that a common law marriage is determined by how long a couple lives together; however, Texas requires that you meet three requirements before recognizing your common law marriage. For your common law marriage to be recognized by Texas, you must show that you:
Agree to be married to each other.
Cohabitate with each other, or in other words, live together in the same home full-time.
Hold out to the community that you are married to your partner.
While it is fairly easy to prove the first and second requirements for a common law marriage, the third requirement can be a little harder to prove as it requires you to demonstrate that you present yourselves to the community as a married couple.
Determining Common Law Marriage in Texas
To help determine if you meet the standards of a common-law marriage in Texas, consider the following questions:
Did you and your romantic partner agree that you want to be married to each other?
If yes, proceed to the next requirement.
If no, you do not meet the requirements for a common law marriage.
Do you remember when this agreement took place? This helps determine when the common law marriage began.
When you discussed wanting to be married, did you agree that you wanted to be married in the future or to be engaged?
If yes to either, you do not meet the requirements for a common law marriage. You must agree that you are married in the present.
Did you start calling your partner your spouse? Do they also call you their spouse? This can help meet the requirement.
Did you or your partner ever tell the other that they do not want to be called a spouse?
If yes, you do not meet the requirements for a common law marriage.
Cohabitation

Does your partner live in the same home or apartment as you?
If yes, proceed to the next requirement.
If no, you do not meet the requirements for a common law marriage.
Do you and your partner list the same address on your driver’s licenses and actually live at that location?
If yes, proceed to the next requirement.
If no, more information is needed to determine if you meet the requirement.
Do you or your partner keep an additional home or apartment that you or they return to regularly because that is where their belongings are?
If yes, you might not meet the requirements unless the additional location is used as rental property or for work-related travel.
Holding Out
To determine if you are holding out to the community as a married couple, consider these questions:
Do you refer to your partner as your spouse to others, such as family, friends, or employers?
Have you filed a tax return listing your partner as your spouse?
Do you post on social media that your partner is your spouse?
Have you or your partner added the other to work insurance as a spouse?
Have you or your partner listed the other as a spouse on emergency contact information?
Do you introduce your partner to new people as your spouse?
Does your partner introduce you to new people as their spouse?
When introducing your partner, do they deny being married?
When your partner introduces you, do you deny being married?
Do you have joint banking accounts?
Are you listed on each other’s credit cards?
Have you bought a house together and added each other to the deed?
Have you bought a car together and added both names to the title or loan?
Would your family and friends say you are married if asked by a stranger?
Do your family and friends introduce you as a married couple?
Do you or your partner ever sign letters, emails, or cards as Mr. and Mrs.?
Do people send you mail addressed to Mr. and Mrs.?
Keep in mind that while Texas recognizes Common Law Marriages, it does not recognize Common Law Divorces. If you are in a Common Law Marriage and the relationship ends, you have a two-year statute of limitations to file for divorce.

Phone: 713-622-2277
1121-16 Uptown Park Blvd.
Houston, TX 77056