Did Texas Get Rid of Common Law Marriage? Why the Rumors Persist and What the Law Actually Says
No, Texas has NOT eliminated common law marriage. Common law marriage remains a legally valid form of marriage in Texas as of January 2026 under Texas Family Code § 2.401, carrying identical legal rights and protections as ceremonial marriage. Rumors persist due to confusion with other states that have abolished it, proposed legislation that never passed, and widespread misinformation online—but the law is clear: common law marriage is fully recognized in Texas.
Texas Still Recognizes Common Law Marriage in 2026
Texas continues to allow couples to marry without a ceremony or license through what state law calls “informal marriage.” This has been part of Texas family law for decades and shows no signs of changing.
What Texas Law Currently Says About Common Law Marriage
Texas Family Code § 2.401 establishes the legal framework for common law marriage and remains in full effect as of January 2026. Under this statute, you can establish a valid marriage by meeting three requirements simultaneously: you and your partner must agree to be married, live together in Texas as husband and wife, and represent yourselves to others as a married couple.
Once you meet these three elements, your marriage carries the exact same legal weight as a ceremonial marriage. You’re entitled to property division under Texas community property laws there was a recnt lawsuit realted that (nmplol lawsuit), spousal support eligibility, inheritance rights, Social Security benefits, healthcare decision-making authority, and every other marital protection available under state and federal law.
How Common Law Marriage Works Under Current Texas Law
The agreement to be married means both partners intend to enter an immediate, present, and permanent marital relationship—not a future engagement or casual understanding. Courts look at whether you intended to create a legal marriage right now, not at some point down the road.
Cohabitation means living together in the same household as spouses would. Texas law imposes no minimum time requirement. You could live together for two months or twenty years—what matters is that you maintained a household together and conducted yourselves as married partners during that time.
Holding out as married means publicly representing yourselves as a married couple to your community. This includes introducing each other as spouse, filing joint tax returns, using the same last name, listing each other as married on insurance policies or leases, or having friends and family who know you as a married couple.
Federal Recognition of Texas Common Law Marriages
The federal government recognizes common law marriages valid under Texas law for all purposes. If you establish a common law marriage in Texas, you’re treated as married for federal tax filing, Social Security spousal and survivor benefits, military benefits, immigration purposes, and other federal programs.
The Social Security Administration, IRS, Department of Veterans Affairs, and other federal agencies defer to state law on marriage validity. If Texas says you’re married, the federal government accepts that determination for benefit and tax purposes.
Why Do People Think Texas Eliminated Common Law Marriage?
The persistent rumors about Texas abolishing common law marriage stem from several sources of confusion that have nothing to do with actual changes in Texas law.
Confusion with Other States That Abolished Common Law Marriage
Many states have eliminated common law marriage over the past several decades. South Carolina abolished it in 2019, Alabama in 2017, Pennsylvania in 2005, Ohio in 1991, Georgia in 1997, Florida in 1968, and Indiana in 1958. When people hear about these changes, they sometimes mistakenly believe Texas followed suit.
As of 2026, only eight jurisdictions still recognize common law marriage: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, and the District of Columbia. Texas is in the minority, which can fuel misconceptions that the state must have changed its law to match the majority.
Legislative Proposals That Never Became Law
Texas legislators have proposed bills to restrict or eliminate common law marriage multiple times over the years. These proposals generate news coverage and social media discussion, creating the false impression that common law marriage has been or will be eliminated.
However, none of these legislative proposals have passed and become law. As of January 2026, Texas Family Code § 2.401 remains unchanged, and common law marriage retains full legal recognition. Unless and until the Texas Legislature actually passes a bill abolishing or restricting common law marriage and the governor signs it into law, the current system remains in place.
Online Misinformation and Outdated Articles
Incorrect legal summaries, outdated blog posts, and misunderstandings about Texas family law circulate widely online. Some articles confuse Texas with states that have abolished common law marriage. Others misinterpret legislative proposals as enacted law. Still others repeat myths about common law marriage requirements that were never true.
When people search for information about common law marriage, they may encounter these inaccurate sources and mistakenly believe Texas has eliminated this form of marriage. Always verify legal information with current statutory sources, official state resources, or qualified Texas family law attorneys.
Common Misconceptions About Common Law Marriage in Texas
Understanding what’s actually true versus what’s myth helps you protect your legal rights and make informed decisions about your relationship.
“Texas Eliminated Common Law Marriage”
This is categorically false. Texas has NOT eliminated common law marriage. It remains a fully valid legal status under Texas Family Code § 2.401 as of January 2026. Any claim that Texas abolished common law marriage is based on misinformation, confusion with other states, or misunderstanding about proposed legislation that never passed.
If you meet the three statutory requirements, you’re legally married in Texas with all the rights and protections that status provides.
“Common Law Marriage Isn’t Real Marriage”
Common law marriage is fully valid in Texas and legally equivalent to ceremonial marriage. Once you establish the three statutory elements, your common law marriage has identical legal consequences as if you’d obtained a license and had a ceremony.
This means you have the same property rights under community property law, the same eligibility for spousal support in divorce, the same inheritance rights when your spouse dies, and the same federal benefit recognition. The method of marriage formation doesn’t affect legal validity or the protections you receive.
“You Have to Live Together Seven Years to Be Common Law Married”
Texas law imposes no minimum time requirement for establishing a common law marriage. The “seven-year rule” is a persistent myth with absolutely no basis in Texas statute or case law.
You could live together for decades without creating a common law marriage if you don’t meet all three statutory elements. Conversely, you could establish a valid common law marriage within months if you agree to be married, cohabitate as spouses, and hold yourselves out as married during that shorter period.
Courts evaluate whether you met the three statutory requirements—not how long you’ve been together.
“Common Law Spouses Have Fewer Rights Than Ceremonially Married Spouses”
Common law spouses have identical legal rights to ceremonially married spouses under Texas law. This includes equal property division rights in divorce based on community property principles, spousal support eligibility using the same statutory factors, inheritance rights upon death, Social Security spousal and survivor benefits, healthcare decision-making authority, and tax filing status as married.
The only practical difference is the burden of proof. If someone challenges your marital status, you must establish that the common law marriage existed by proving all three statutory requirements were met. Once proven, your rights are identical to those in a ceremonial marriage.
“You Don’t Need a Divorce to End a Common Law Marriage”
To terminate a common law marriage legally, you must file for divorce through the Texas family court system. Simply separating and considering the relationship over doesn’t legally end your marriage.
Without a formal divorce decree, you remain legally married. This can affect your ability to remarry, create complications with property rights if one spouse dies, and prevent you from claiming single status for tax or benefit purposes.
Texas law does create a presumption that no common law marriage existed if two years pass after you separate and neither party has filed anything to prove the marriage. However, this presumption can be rebutted with evidence, and relying on it is risky. The safer approach is to file for divorce promptly if you’re ending a common law marriage.
What Legal Rights Do Common Law Spouses Have in Texas?
Understanding your rights protects you whether you’re currently in a common law marriage, considering one, or ending one.
Property Division Under Community Property Law
All property acquired during your common law marriage is community property under Texas law. This includes income earned by either spouse, real estate purchases, vehicles, bank accounts, retirement funds, and investment portfolios acquired during the marriage.
If you divorce, Texas courts divide community property equitably—typically on a 50/50 basis unless specific circumstances warrant a different division. The court can consider factors like fault in the marriage breakup, earning capacity disparities, and each spouse’s contributions to the marriage.
The absence of a ceremony doesn’t affect these property rights. Common law spouses go through the same property division process as ceremonially married couples.
Spousal Support and Maintenance Entitlements
Common law spouses are entitled to spousal support on the same basis as ceremonially married spouses. Texas courts consider factors including the length of your marriage, your earning capacity and employment skills, whether you have sufficient property to meet your needs, your age and health, your contributions to the marriage including homemaking, and whether your spouse committed family violence.
Texas Family Code § 8.051 sets eligibility requirements and limits on spousal maintenance. These apply identically to common law and ceremonial marriages. There’s no separate or lesser standard for common law spouses seeking support after divorce.
Inheritance Rights and Estate Protections
If your common law spouse dies without a will, you have inheritance rights under Texas intestate succession laws. You inherit all community property—both your half and your deceased spouse’s half—plus a portion of separate property depending on whether they had children or other surviving relatives.
You’re also entitled to Social Security survivor benefits starting as early as age 60, pension benefits, life insurance proceeds if named as beneficiary, and the right to continue living in the marital home under Texas homestead protections. These rights mirror those of ceremonially married widows and widowers.
However, you must be able to prove the common law marriage existed. If family members or estate beneficiaries challenge your status, you’ll need evidence showing you met all three statutory requirements.
How to Protect Your Legal Status in a Common Law Relationship
Taking proactive steps documents your marriage status and protects your rights if your relationship is questioned or ends.
File a Declaration of Informal Marriage
The simplest way to establish official proof of your common law marriage is to file a Declaration of Informal Marriage with your county clerk’s office. This form requires both partners to sign under oath that you meet all three statutory requirements: agreement to be married, cohabitation as spouses, and holding out as married.
Once filed and recorded, the declaration creates prima facie evidence of your marriage. This means the document itself proves the marriage existed, and anyone challenging your status bears the burden of disproving it. Filing the declaration costs minimal fees and provides strong legal protection.
Document Evidence of Your Marriage
Keep comprehensive records showing you meet the three statutory requirements. Save joint tax returns filed as married filing jointly, lease agreements or mortgage documents in both names showing you lived together as spouses, joint bank accounts and credit cards, insurance policies listing each other as spouse or beneficiary, and medical or legal documents designating each other for healthcare decisions.
Gather contact information for friends and family who can testify that they knew you as a married couple. Their witness testimony can be crucial if you later need to prove your marriage in court.
Understand Time Limits After Separation
If you separate from your common law spouse, don’t delay in taking legal action to protect your rights. Texas law creates a rebuttable presumption that no common law marriage existed if two years pass after you separate and neither party has filed anything to prove the marriage.
After this two-year window, establishing your marriage becomes significantly harder. You can still prove it existed, but you’ll face the burden of overcoming the legal presumption. If you’re separating from a common law spouse and want to preserve your property rights, spousal support claims, or other marital protections, consult a family law attorney promptly.
Consult a Texas Family Law Attorney
If you’re in a common law marriage facing separation, divorce, or the death of your spouse, consult a qualified Texas family law attorney who understands current 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, inheritance rights, and survivor protections.
Legal guidance is especially important if your marital status is questioned or disputed by your partner, their family members, insurance companies, or government benefit agencies.
Frequently Asked Questions
Did Texas eliminate common law marriage?
No. Texas has NOT eliminated common law marriage. It remains a legally valid form of marriage in Texas as of January 2026 under Texas Family Code § 2.401. Rumors about Texas abolishing common law marriage are false and stem from confusion with other states that have eliminated it, proposed legislation that never passed, or online misinformation.
Is common law marriage still legal in Texas in 2026?
Yes, common law marriage is fully legal and recognized in Texas in 2026. Texas Family Code § 2.401 continues to establish the requirements for informal marriage, and Texas courts continue to enforce spousal rights, property division, and other protections for common law marriages identical to ceremonial marriages.
What are the three requirements for establishing common law marriage in Texas?
Under Texas Family Code § 2.401, you must prove: (1) you and your partner agreed to be married, (2) you lived together in Texas as husband and wife after the agreement, and (3) you represented yourselves to others in Texas as a married couple. All three elements must exist simultaneously to create a valid common law marriage.
Do common law spouses have the same legal rights as ceremonially married spouses in Texas?
Yes. Common law spouses have identical legal rights to ceremonially married spouses under Texas law, including equal property division under community property law, spousal support eligibility, inheritance rights, Social Security benefits, healthcare decision-making authority, and tax filing status as married. The only difference is that common law spouses must prove the marriage exists if challenged.
Why do people think Texas got rid of common law marriage?
The misconception stems from several sources: many other states have eliminated common law marriage in recent decades, creating confusion about Texas’s status; Texas legislators have proposed bills to restrict common law marriage that generated news coverage but never became law; and incorrect information circulates online about Texas family law. Despite these rumors, Texas has NOT changed its law recognizing common law marriage.
What happens to a common law marriage when you divorce in Texas?
Common law marriages are dissolved through formal divorce proceedings just like ceremonial marriages. You must file for divorce, prove the common law marriage existed by showing all three statutory requirements were met, and then proceed with property division under community property law and spousal support considerations using the same standards that apply to ceremonial divorces.
Last Updated: January 26, 2026
Disclaimer: This article provides general information about common law marriage in Texas and is not legal advice for your specific situation.
Take Action: If you have questions about whether you’re in a common law marriage, need to establish or dissolve one, or want to protect your legal rights under current Texas law, consult a Texas family law attorney who can evaluate your specific circumstances and provide guidance based on the most current statutes and case law.
Stay informed, stay protected. — AllAboutLawyer.com
Sources:
- Texas Family Code § 2.401 (Requirements for Informal Marriage – Current Law)
- Texas Family Code § 8.051 (Spousal Maintenance Eligibility)
- Texas Family Code § 3.002 (Community Property in Texas)
- Texas State Law Library, Common Law Marriage Guide (Updated January 2026)
- Texas Estates Code (Intestate Succession Laws)
- Russell v. Russell, 865 S.W.2d 929 (Tex. 1993)
- Obergefell v. Hodges, 576 U.S. 644 (2015)
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