Home > Homeownership > Common Law Marriages in Texas

Common law marriages are typically known as non-legally recognized marriages or also known as synonym for informal marriages. Some jurisdictions recognize them and some do not. Texas is one of the 11 states that do.

How does Common Law Marriages affect homeownerships in Texas? And why is it important for us who live in Texas to understand this matter?

Disclosure: I am not providing legal advice. You must seek a Texas real estate attorney for advice that relates to your situation.

Some couples who are not married take property ownership in one person's name or both. When things are good, everyone is happy. It is when things get sour, that we have some problems to deal with.

So, how to know if you are in a common law marriage?

You will need to meet 3 tests and some other stipulations:
(1) A man and woman agrees to be married
(2) After the agreement, they live together in Texas as husband and wife
(3) They represent to others as if they are married.

Other stipulations:
- Both parties must be at least 18 years old.
- It cannot exist if either party is married to someone else.
- If they pass the 3rd test (above), test 1 and 2 are implied.
- There is no minimum required time in Texas.

In reality, many relationships do not last forever. Common law marriages are not the exception. So what must you do if you both go separate ways?

A divorce.

Again, you must seek legal consult for information that applies to your situation. This is just a guideline about Common Law Marriages in Texas. The information stated above does not constitute legal advice.

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