Is a Common Law Wife Entitled to Anything in Texas? Property Rights, Support & Legal Protections
Yes, a common law wife in Texas is entitled to the same legal rights and protections as a ceremonially married wife when three statutory requirements are met: agreement to be married, cohabitation as husband and wife, and holding out as married to others. These entitlements include equal property division, spousal support, inheritance rights, and federal benefits.
Understanding Common Law Wife Entitlements Under Texas Law
A common law wife in Texas holds the same legal status as a traditionally married wife once the marriage is proven valid. Texas Family Code § 2.401 establishes that when you meet all three requirements—agreeing to be married, living together in Texas as spouses, and representing yourselves to others as married—you gain full spousal entitlements under state and federal law.
This means your rights to property, financial support, inheritance, and benefits are identical to those of women in ceremonial marriages. The only difference is how the marriage was formed, not the legal protections you receive.
What Property Rights Does a Common Law Wife Have in Texas?
Texas operates under community property law, which gives you equal ownership of all assets acquired during your marriage. If you and your partner accumulated property, income, or assets while married—whether through his earnings, your earnings, or joint purchases—you own half of everything, regardless of whose name appears on titles or bank accounts.
This protection extends to real estate, vehicles, bank accounts, retirement funds, business interests, and investment portfolios. If you separate and divorce, Texas community property laws require that these assets be divided equitably, typically on a 50/50 basis unless specific circumstances warrant a different division.
Spousal Support and Alimony Entitlements for Common Law Wives
When a common law marriage ends in divorce, you may be entitled to spousal support, also called alimony or spousal maintenance. Texas courts consider factors including the length of your marriage, your earning capacity, your education and employment skills, the standard of living established during the marriage, and whether you lack sufficient property to meet your reasonable needs.
The law doesn’t distinguish between common law and ceremonial marriages when determining spousal support. If you qualify under Texas Family Code § 8.051, you can receive monthly payments to help you transition to financial independence after divorce.
What Happens to a Common Law Wife’s Entitlements in Divorce?
When you end a common law marriage through divorce, the legal process mirrors that of a ceremonial marriage dissolution. You must first prove that a valid common law marriage existed by demonstrating all three statutory requirements were met.
Dividing Community Property in Common Law Divorce
Once the marriage is proven, Texas courts divide all community property—assets and debts acquired during the marriage. You’re entitled to an equitable share of marital property, which usually means half of everything accumulated while you were married.
This includes your partner’s retirement accounts, business interests, real estate holdings, and other investments. The division applies equally whether your name is on the asset or not. If your husband controlled all finances during the marriage or restricted your access to accounts, courts may consider this financial misconduct when dividing property, potentially awarding you a larger share.
Healthcare Decision-Making Authority and Insurance Benefits
As a common law wife, you have the legal right to make healthcare decisions for your spouse if he becomes incapacitated and cannot make decisions himself. You can be designated as his medical power of attorney, and you have priority in making end-of-life decisions under Texas law.
You’re also entitled to coverage under your spouse’s health insurance if his employer’s plan allows spousal coverage. Many employer-sponsored health plans recognize common law spouses when the marriage is documented through a Declaration of Informal Marriage or other proof.
What Entitlements Does a Common Law Wife Have When Her Husband Dies?
If your common law husband dies, you have significant legal protections and entitlements under Texas succession law. Your rights mirror those of a ceremonially married widow, provided you can prove the common law marriage existed.
Inheritance Rights Under Texas Intestate Succession Law
When a husband dies in Texas, the surviving common law wife inherits a portion of his estate even if he died without a will. Under Texas intestate succession laws, you inherit all community property—the half that belonged to your husband plus your existing half—and a portion of his separate property depending on whether he had children or other surviving relatives.
If your husband had children from another relationship, you typically receive one-third of his separate personal property and a life estate in his separate real property. If he had no children, you inherit all of his separate personal property and half of his separate real estate, with the remainder going to his parents or siblings.
Social Security Survivor Benefits for Common Law Wives
The Social Security Administration recognizes valid common law marriages from Texas for purposes of survivor benefits. If your husband worked and paid into Social Security, you may be entitled to receive monthly survivor benefits starting as early as age 60, or age 50 if you’re disabled.
You can receive up to 100% of your deceased husband’s Social Security benefit if you wait until full retirement age to claim. If you claim earlier, the benefit is reduced. These benefits provide crucial financial support, especially if you were financially dependent on your husband during the marriage.
Military and Federal Benefits Entitlements
If your common law husband served in the military, you may be entitled to Department of Veterans Affairs (VA) survivor benefits, including Dependency and Indemnity Compensation (DIC), which provides monthly payments to surviving spouses of veterans who died from service-connected conditions.
You may also be eligible for continuation of military health coverage through TRICARE, access to commissary and exchange privileges, and other federal benefits reserved for military spouses.
Common Misconceptions About Common Law Wife Entitlements
“A Common Law Wife Has No Legal Rights to Property or Support”
This is false. Once you establish a valid common law marriage in Texas, you have identical property rights and spousal support entitlements as a ceremonially married wife. Courts divide community property equally, and you can petition for alimony if you meet the eligibility requirements under Texas law.
“You Need to Live Together for Seven Years to Have Entitlements”
Texas law imposes no minimum time requirement for establishing a common law marriage or gaining spousal entitlements. You could live together for just a few months and establish a valid marriage if all three elements—agreement, cohabitation, and holding out—are simultaneously present. The length of cohabitation is just one factor courts consider when evaluating whether a marriage existed.
“A Common Law Wife Cannot Inherit from Her Husband”
This misconception can cost you financially. As a common law wife, you have full inheritance rights under Texas succession law. If your husband dies without a will, you inherit substantial portions of his estate. You’re also entitled to Social Security survivor benefits, retirement account beneficiary designations, and life insurance proceeds if named as beneficiary.
“You Don’t Need Proof to Claim Common Law Wife Entitlements”
While the marriage doesn’t require a ceremony, you absolutely need evidence to claim your entitlements if anyone challenges your status. If your husband’s estate or other parties dispute the marriage after his death, you bear the burden of proving all three statutory requirements were met. Without documentation like joint tax returns, witness testimony, or a filed Declaration of Informal Marriage, securing your entitlements becomes significantly harder.
How to Protect Your Entitlements as a Common Law Wife in Texas
Understanding your rights is only half the battle. Taking proactive steps to document and protect your legal status ensures you can enforce your entitlements when needed.
Document Your Common Law Marriage Status
File a Declaration of Informal Marriage with your county clerk’s office. This official document creates a public record of your marriage and serves as strong evidence if your status is later questioned. The form requires both partners to sign under oath that you meet all three statutory requirements.
Keep records of joint tax returns filed as married, lease agreements or mortgage documents showing you lived together as spouses, joint bank accounts and credit cards, insurance policies listing each other as spouse or beneficiary, and testimony from friends and family who can confirm you represented yourselves as married.
Understand the Two-Year Time Limit After Separation
Texas law creates a presumption that no common law marriage existed if two years pass after you separate and neither party has taken legal action to prove the marriage. This makes it much harder to establish your entitlements after this period expires. If you separate from your common law husband, consult an attorney quickly to protect your property rights and spousal support claims.
Consult a Texas Family Law Attorney About Your Rights
If you’re in a common law marriage and facing separation, divorce, or the death of your spouse, consult a family law attorney who understands Texas common law marriage requirements. An attorney can help you gather evidence to prove your marriage, calculate your share of community property, determine your spousal support eligibility, and ensure you receive all entitled benefits including Social Security, military benefits, and inheritance rights.
Frequently Asked Questions
What makes someone a common law wife in Texas?
A common law wife is a woman in a legally recognized marriage formed without a ceremony or license. Under Texas Family Code § 2.401, you become a common law wife when you and your partner agree to be married, live together in Texas as husband and wife, and represent yourselves to others as married. All three elements must be proven for the marriage to be valid.
Does a common law wife have the same property rights as a regular wife in Texas?
Yes. Once a common law marriage is established, you have identical property rights to a ceremonially married wife. Texas community property law gives you equal ownership of all assets acquired during the marriage, regardless of whose name is on titles or who earned the income. In divorce, property is divided equitably just as it would be in a traditional marriage.
Can a common law wife receive spousal support after divorce in Texas?
Yes. Common law wives are entitled to spousal support on the same basis as ceremonially married wives. Texas courts consider the length of your marriage, your earning capacity, whether you have sufficient property to meet your needs, and other factors when determining spousal maintenance eligibility and amounts under Texas Family Code § 8.051.
What happens to a common law wife if her husband dies without a will?
You inherit a significant portion of his estate under Texas intestate succession laws. You receive all community property and a share of his separate property. You may also be entitled to Social Security survivor benefits, retirement account proceeds, life insurance benefits, and the right to continue living in the marital home under Texas homestead protections.
How do you prove you’re a common law wife in Texas for benefits or inheritance?
You must prove all three statutory requirements: agreement to be married, cohabitation as spouses, and holding out as married. Strong evidence includes a filed Declaration of Informal Marriage, joint tax returns, lease or mortgage documents, joint financial accounts, insurance beneficiary designations, and testimony from witnesses who knew you as a married couple. The burden of proof rests with the person claiming the marriage exists.
Is a common law wife entitled to Social Security benefits from her husband?
Yes. The Social Security Administration recognizes valid Texas common law marriages for benefit purposes. You can receive spousal benefits while your husband is alive and survivor benefits after his death, provided you can document the marriage through acceptable evidence like a Declaration of Informal Marriage, joint tax returns, or other official records.
Last Updated: January 26, 2026
Disclaimer: This article provides general information about common law wife entitlements in Texas and is not legal advice for your specific situation.
Take Action: If you’re in a common law marriage or believe you may have established one, consult a Texas family law attorney to understand your specific rights, document your marriage status, and protect your legal entitlements to property, support, and benefits.
Stay informed, stay protected. — AllAboutLawyer.com
Sources:
- Texas Family Code § 2.401 (Requirements for Informal Marriage)
- Texas Family Code § 8.051 (Spousal Maintenance Eligibility)
- Texas Family Code § 3.002 (Community Property in Texas)
- Texas Estates Code (Intestate Succession Laws)
- Social Security Administration, Common Law Marriage Recognition
- IRS Publication 501 (Filing Status for Common Law Spouses)
- Russell v. Russell, 865 S.W.2d 929 (Tex. 1993)
About the Author
Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah