How to Prove a Common-Law Marriage in Texas
In Texas, a couple can legally become married without going through the process of obtaining a license and having a wedding ceremony. This is known as common-law marriage. In some states, all you need to do is live together to be considered married by common law. However, in Texas, you must establish yourself as husband and wife for the marriage to be considered legal. When you go before the court to establish your marriage, you are required to prove that you are committed to each other.
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Instructions
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Sign a Declaration of Informal Marriage form, which is available from the County Clerk's office.
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Testify to the court that you have lived as husband and wife. This includes introducing the other person as your spouse to others and admitting that it was your intention to marry each other.
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Show evidence that you have been living as a married couple. Copies of tax returns that you have filed as married filing jointly, a lease with both names on it and bank statements in both names. An insurance policy listing the other person as your spouse and beneficiary also works well.
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Bring witnesses with you who can testify that the two of you have been living as husband and wife. This can include family members, friends and neighbors who can testify to your living situation and how you address each other.
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Tips & Warnings
Common law marriages are only recognized in some states, including Alabama, Colorado, Kansas and Pennsylvania. If you move to a state that does not recognize common-law marriage, your marriage is no longer valid and any children will be treated as children of an unmarried couple based on that state's laws.
As a common-law couple in Texas, you may still need to divorce through the courts if you separate. However, if there are no children or assets to divide, a divorce may not be necessary.
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