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What is Common Law Marriage? Common law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry in Texas. Texas law states that a common law marriage may be proved by evidence that the couple: “agreed to be married”; and
Getting Married in Texas. Below you will find references to areas of the Texas law related to marriage in Texas. If you find these statutes difficult to understand, please see the resources on the subsequent pages for a "plain English" explanation of these laws.
In order to apply for benefits, the Social Security Administration requires certain evidence be provided in order to prove your common law marriage under Texas law. See the resources below for more information.
This NOLO article discusses who owns marital property and how property can be divided for beneficiaries in "common law" and "community property" states.
The right to change your name after marriage is based on case law (also known as "common law"), rather than statute. Texas Attorney General has issued several opinions that discuss the legal history of this right.
This legal research guide provides information about common law marriage in Texas, including links to the relevant statutes and to information written in “plain English.”
The resources below explain the legal issues that must be considered when determining responsibility for a debt. Debt and Marriage: When Do I Owe My Spouse's Debts? This article from Nolo Press explains how a debt incurred by one spouse may be legally considered the responsibility of the other.
This legal research guide provides information about common law marriage in Texas, including links to the relevant statutes and to information written in “plain English.”
This term is also used when referring to a "declaration of informal marriage," which is the document that can be filed with the county clerk to register a common law marriage. If you need a copy of your informal marriage declaration, contact the county clerk's office where the declaration was filed.
The marriage application process is the same for every couple in Texas. See the resources below for answers to common questions about same-sex marriage.