Common law marriage—also known as marriage without formalities or informal marriage—is marriage without a wedding or marriage ceremony and without a marriage license. Some states recognize common law marriage under certain circumstances—such as when the parties agree to be married, live together (cohabit) after agreeing to be married, and represent to others that they are married (holding themselves out as a married couple).
Other states previously recognized common law marriages, but no longer recognize such marriages after a certain date on which the law was changed—usually by statute. In other states, common law marriage has not been recognized by the legislature in a statute, but the courts have recognized common law marriage in court opinions or case law.
In Texas, common law marriage, also known as an informal marriage, is recognized by the state under certain conditions. To establish a common law marriage in Texas, a couple must meet three criteria: (1) agree to be married, (2) live together in Texas as a married couple, and (3) represent to others that they are married. This is often referred to as 'holding out' to the public that they are husband and wife. Texas law provides for a declaration of informal marriage, which is a legal form that can be filed with the county clerk to formally record the informal marriage. If a couple does not register their informal marriage but still wishes to prove its existence, they may do so by providing evidence of the three elements listed above. It's important to note that if a common law marriage is established, the couple is considered legally married for all purposes and must obtain a divorce to end the marriage, just like a couple who went through a formal marriage process.
