Common Law Marriage in Texas

While completing a “Declaration of Informal Marriage” is one way to establish a Texas common law marriage, courts also consider other evidence of mutual intent, such as:

• Living together as a couple.
• Introducing each other as spouses.
• One partner adopting the other’s last name.
• Filing joint tax returns.
• Sharing finances.
• Being named on each other’s health insurance policy.
• Wearing wedding rings.
• Designating one partner as the beneficiary on the other’s life insurance policy.

Courts assess all relevant circumstances to determine whether a couple meets the criteria for a common law marriage, as no single fact is determinative.

Importance of Establishing Common Law Marriage

Couples may seek to establish common law marriage for two primary reasons:

1. Asset Distribution: In the event of a breakup, proving a common law marriage becomes relevant to the distribution of assets between partners.
2. Inheritance: If one partner passes away without a will, the court relies on Texas laws of intestacy to determine inheritance. Establishing a common law marriage becomes critical as it affects the surviving partner’s rights to the deceased partner’s estate.