Common Law Marriage in Texas FAQ

A "common law marriage" is one in which the parties may hold themselves out as a husband and wife, and under certain circumstances, be deemed married without a marriage license or ceremony.

Texas is one of the states that allows the creation of a "common law" marriage, a relationship in which a couple lives together but have not participated in a lawful ceremony. In Texas a couple can acquire marital rights and responsibilities by living together for a particular period of time. You do not need legal action to end such a relationship, if it was created in Texas.

Texas also recognizes as valid, common law marriages created in other states if the legal requirements of those states have been met. As a result, legal action is needed to dissolve legal "common law" marriages performed in other states and foreign countries in compliance with their licensing and ceremonial regulations.

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