To record a Declaration of Informal Marriage in Texas, both partners appear together at any county clerk’s office in the state, present acceptable identification, complete and sign the state-prescribed declaration form under oath, and pay the recording fee. The clerk then records the document, and a certified copy serves as your proof of marriage from that point forward.
The marriage itself does not require the filing. Under Texas law, an informal (common law) marriage exists the moment the three elements are in place. Filing the declaration puts an official start date on the public record and spares you from having to prove those elements later.
Who Can File
Texas recognizes an informal marriage when three things are true at the same time: both people presently agree they are married, they live together in Texas as spouses after that agreement, and they hold themselves out to others as married.1State of Texas. Texas Code Family Code 2.401 – Proof of Informal Marriage A plan to marry in the future does not count. There is no minimum period of cohabitation.
Both partners must be at least 18. No one under 18 can be a party to an informal marriage or sign a declaration, with no exceptions.1State of Texas. Texas Code Family Code 2.401 – Proof of Informal Marriage Neither person can be currently married to someone else. If either partner was recently divorced, Texas prohibits remarriage until the 31st day after the divorce decree unless a judge waives the wait.2State of Texas. Texas Family Code FAM 6.801
The two of you also cannot be closely related. Prohibited relationships include parent and child, siblings (including half and adoptive siblings), aunts or uncles with nieces or nephews, first cousins, and current or former stepparents and stepchildren.3State of Texas. Texas Code Family Code 2.402 – Declaration and Registration of Informal Marriage
Same-sex couples file on identical terms. Following Obergefell v. Hodges, Texas accepts declarations that identify any date applicable to the relationship, including a date before the 2015 ruling.
The Form and What Goes On It
The document is the “Declaration and Registration of Informal Marriage,” prescribed by the state’s bureau of vital statistics. Any county clerk has it, many post a downloadable version, and the Texas Department of State Health Services publishes the blank form.4Texas Department of State Health Services. Declaration and Registration of Informal Marriage
Each partner supplies full legal name, current mailing address, date of birth, place of birth (city, county, and state), Social Security number, and maiden name if applicable. The statute phrases the Social Security field as “social security number, if any,” so not having one is not an automatic bar.3State of Texas. Texas Code Family Code 2.402 – Declaration and Registration of Informal Marriage
You will also enter the approximate date on which you agreed the marriage began. That date becomes the official start of the marriage on the public record, so choose it carefully; it controls what counts as community property later.
Acceptable Identification
Both people must show proof of identity and age. The commonly used options are a Texas driver’s license or state ID (current, or expired no more than two years), a U.S. passport, a military ID with a photo, or an original or certified birth certificate. Texas also accepts a current foreign passport, immigration documents issued by the Department of Homeland Security, a voter registration certificate, a motor vehicle title, and school records from a secondary school or college, among others.5State of Texas. Texas Family Code FAM 2.005 If none of the standard photo IDs work for you, review the full list in Section 2.005 before assuming you cannot file.
Filing at the County Clerk’s Office
Both partners must appear together, in person. You cannot file by mail, online, or through a representative. Any county in Texas works; you do not have to file in the county where you live.3State of Texas. Texas Code Family Code 2.402 – Declaration and Registration of Informal Marriage
At the counter you present the completed form and your identification. The clerk witnesses both signatures and administers an oath covering four points: that the information is true, that you agreed to be married on or about the stated date, that you lived together in Texas as a married couple and represented yourselves as married, and that neither of you has been married to anyone else since that date.6Travis County Clerk. Marriage License – Section: Informal Marriage License The clerk signs a certificate showing where and when the declaration was made, and the document is recorded as a public record. You leave with a certified copy.
What It Costs
The state-mandated recording fee is $25, split between the county and the state.7Texas Comptroller of Public Accounts. Fiscal 2026 Revenue Object 3707 – Marriage License Fees Counties can add their own recording surcharges, which usually bring the total to somewhere around $47 to $49. Call the clerk’s office ahead of your visit to confirm the exact amount and whether they take cash, card, or both.
Why File If the Marriage Already Exists
The Texas Family Code contains a trap for couples who never record their marriage. If no declaration has been filed and no legal proceeding to prove the marriage is started within two years after the couple separates, the law presumes no agreement to marry ever existed.1State of Texas. Texas Code Family Code 2.401 – Proof of Informal Marriage That presumption is rebuttable, but rebutting it means litigation, witness testimony, and expense. A recorded declaration eliminates the question by fixing an official start date that does not depend on anyone’s memory.
Day to day, the declaration also works the way any marriage certificate does. Insurers, employers, hospitals, and government agencies routinely ask for proof of marriage, and a certified copy answers the question on the spot.
What Changes Legally Once It’s Recorded
A recorded declaration gives the marriage the same legal standing as a ceremonial marriage. There is no lesser tier. That means real consequences follow the filing.
Community Property
Texas is a community property state. Most assets and debts acquired during the marriage belong to both spouses equally, regardless of whose name is on the account or title. The start date on your declaration is the line between separate property (what each of you owned before) and community property. If the marriage ever ends by divorce or death, that date can drive very large financial outcomes.
Inheritance
If one spouse dies without a will, the surviving spouse inherits under Texas intestacy law. With a recorded declaration, the surviving partner’s status as spouse is not open to challenge. Without one, the survivor may have to prove the marriage in probate, which competing heirs can make difficult.
Divorce Is the Only Exit
An informal marriage does not end because you stop living together or stop calling each other spouses. It ends only by formal divorce or the death of one spouse. The usual divorce rules apply: property division, spousal support, and, where children are involved, custody and support. Walking away without filing for divorce can leave both people exposed to community debt and unable to legally remarry.
After You File
Keep your certified copy somewhere secure, and consider asking for a second certified copy at the same visit. Additional copies can be obtained later because the declaration is a public record, but having one on hand saves time when an insurer or agency asks for proof on short notice.
The declaration itself does not change anyone’s name. If either spouse wants to change a last name, contact the Social Security Administration and the Texas Department of Public Safety separately, along with any other agencies that hold your records. Notify your employer’s benefits department so your spouse can be added to health coverage and retirement beneficiary designations, and review your tax withholding if your filing status is changing. The IRS recognizes a common law marriage established under state law as a valid marriage for all federal tax purposes, so your filing status for the year in which the marriage takes effect will be married filing jointly or married filing separately, based on your status on December 31.8Internal Revenue Service. IRM 25.18.1 Basic Principles of Community Property Law9Internal Revenue Service. Filing Status