Common Law Marriage in the State of Texas

Understand Common Law Marriage in the State of Texas, and how it impacts real estate transactions...

Most people have a misconception and don't fully understand what “common law marriage” is. Many simply think that if two people live together for a while (6 months to a year), there is a common law marriage. 

Texas recognizes the validity of informal marriage including unions entered into within the state as well as those entered into in other states that recognize common law marriages. The law has long been that two people who wish to be married do not need to have a ceremonial marriage.  

Once established, being in a common law marriage has the same legal effect as being in a marriage where you had a license and ceremony, with regard to community property.

There are three parts to a common law marriage here in the lonestar state. In Texas, those that wish to establish a common law marriage must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married. Additionally, there is a form that can be signed and documented with the county clerk to establish the legality of the union.

Also, know that a verified common law marriage is only divisible by divorce decree, especially when there are debts or custody issues involved. 

With relationships taking a different appearance since the latter years of our last century, it is important to understand the impact unions have on real estate in the State of Texas. If you are in a common law union, you can expect that a Title Company (and some lenders) will err on the side of caution when transfer of real property takes place.