No, common law marriage in Texas does not require six months of living together, and it does not require any specific length of time at all. Texas law creates an informal marriage only when a couple meets three requirements under Section 2.401 of the Family Code: they agreed to be married, they lived together in Texas after that agreement, and they represented to others that they were married.1State of Texas. Texas Family Code 2.401 – Proof of Informal Marriage A couple can live together for decades without ever becoming informally married, and another couple could meet all three elements in a matter of weeks. Time by itself creates nothing.
The six-month figure almost certainly comes from a different rule entirely. To file for divorce in Texas, at least one spouse must have lived in the state for the preceding six months and in the filing county for the preceding 90 days.2State of Texas. Texas Family Code 6.301 – General Residency Rule for Divorce Suit That deadline governs when you can end a marriage, not how one begins. Similar myths in other states often peg the number at seven years. None of them reflect the law.
What Actually Creates a Common Law Marriage in Texas
Texas calls it “informal marriage,” and it can be established in two ways. A couple can sign and file a declaration of informal marriage with a county clerk, or, more commonly, they can prove three elements in a later court proceeding.1State of Texas. Texas Family Code 2.401 – Proof of Informal Marriage
The first element is an agreement to be married. Both people must have agreed, at some point, that they were married to each other. This is the hardest element to prove and the one that most often decides these cases. Texas courts have held that cohabitation, and even referring to each other as husband and wife, are not enough on their own to prove the agreement existed.3USCOURTS. Memorandum and Order in Thomas v. Sun Life Assurance Company of Canada, Case No. H-09-3162
The second element is living together in Texas after that agreement. Brief visits or maintaining separate households do not satisfy this requirement.
The third element is holding yourselves out to others as married. Joint tax returns, shared last names, introducing each other as spouses, and listing each other as married on insurance forms all count as evidence.
All three elements must exist at the same time. A couple that agrees to be married but keeps it secret has not met the third element. A couple that lives together and tells everyone they are married, while privately viewing the arrangement as something short of marriage, has not met the first. Courts look at the whole picture and weigh it carefully, especially given how common long-term cohabitation has become without any intent to marry.3USCOURTS. Memorandum and Order in Thomas v. Sun Life Assurance Company of Canada, Case No. H-09-3162
Who Is Eligible
Beyond the three elements, both people must have the legal capacity to marry. Both must be at least 18 years old. No minor can be a party to an informal marriage or sign a declaration of one, regardless of parental consent. Both must also be unmarried; if either person is still legally married to someone else, no informal marriage can form.1State of Texas. Texas Family Code 2.401 – Proof of Informal Marriage
The declaration form also requires each party to confirm they are not related within prohibited degrees of kinship, which includes ancestors, descendants, siblings, aunts, uncles, nieces, nephews, and current or former stepparents or stepchildren.4State of Texas. Texas Family Code 2.402 – Declaration and Registration of Informal Marriage
The Time Limit That Does Matter: Two Years
While no minimum time creates an informal marriage, there is a time-based rule that can effectively destroy one. If a couple separates and neither person files a legal proceeding to prove the marriage within two years of the date they stopped living together, Texas law presumes that no agreement to marry ever existed.1State of Texas. Texas Family Code 2.401 – Proof of Informal Marriage
This presumption is rebuttable, meaning strong enough evidence can still overcome it. In practice, though, it shifts the burden heavily against the person claiming the marriage existed. Property division, inheritance claims, and spousal support all depend on proving the marriage, and that proof gets much harder once the two-year clock runs out.5Texas State Law Library. Does Texas Recognize Common Law Marriages?
Filing a Declaration of Informal Marriage
Couples who want their informal marriage on record without waiting for a court fight can sign a declaration at their county clerk’s office. The form is prescribed by the Bureau of Vital Statistics. Both parties must appear in person, show identification, and swear under oath that they agreed to be married, lived together afterward, and represented to others that they were married.4State of Texas. Texas Family Code 2.402 – Declaration and Registration of Informal Marriage
Once recorded, the declaration serves as valid proof of marriage for all legal purposes. It removes the burden of assembling evidence of cohabitation and public reputation later. Filing fees vary by county but generally run between $50 and $100. Couples who never file a declaration can still have a legally recognized informal marriage; the declaration just makes it easier to prove.
What Being Informally Married Actually Means
Once established, an informal marriage carries exactly the same legal weight as a ceremonial one. Every right and obligation that flows from a formal wedding applies equally.
Community Property
Texas is a community property state. Any property acquired by either spouse during the marriage, formal or informal, belongs to both spouses equally.6State of Texas. Texas Family Code 3.002 – Community Property That includes income, real estate, vehicles, and retirement contributions earned while the marriage existed. It does not matter whose name is on the title or who made the purchase. Debts accumulated during the marriage are also subject to division.
Spousal Maintenance
Texas courts can order spousal maintenance after dissolving an informal marriage, but the bar is high. The spouse seeking maintenance must show they lack enough property, including separate property, to cover basic needs. They must also meet at least one qualifying condition: family violence by the other spouse during the marriage, a disabling physical or mental condition, a marriage lasting at least ten years combined with an inability to earn enough to be self-supporting, or caring for a child with a substantial disability.7State of Texas. Texas Family Code 8.051 – Eligibility for Maintenance
Inheritance and Federal Recognition
An informal spouse inherits under Texas intestacy law the same way a ceremonial spouse does when the other dies without a will.8State of Texas. Texas Estates Code 201.002 – Separate Estate of an Intestate The IRS also recognizes any marriage that was valid under the laws of the state where it was entered into, so informally married couples in Texas can file joint federal tax returns.9Internal Revenue Service. Publication 15 (2026), (Circular E), Employer’s Tax Guide A Texas informal marriage remains valid even if the couple later moves to a state that does not recognize common law marriage.10OPM.gov. Family Member Eligibility Fact Sheet – Common Law Spouse
Ending It Requires a Divorce
There is no such thing as a “common law divorce.” Because an informal marriage is legally identical to a ceremonial one, ending it requires a standard divorce or annulment filed with a court.5Texas State Law Library. Does Texas Recognize Common Law Marriages? Moving out, separating finances, or telling people the relationship is over does not dissolve the marriage. Couples who drift apart without divorcing can find years later that property one of them bought independently is actually community property because the marriage was never legally ended.
How to Protect Yourself
Documentation is everything, and it cuts both directions. Couples who consider themselves married should file a declaration of informal marriage with the county clerk to shut down future disputes. Couples who live together without intending to marry should be careful about how they present themselves publicly. Filing joint tax returns, using the same last name, or routinely introducing a partner as a spouse can all be used as evidence of an informal marriage later, even if neither person meant to create one.
If you believe you were in an informal marriage and it ends, act within two years. File for divorce, or at minimum file a proceeding that puts the marriage on record before the rebuttable presumption takes hold. Waiting longer does not make it impossible to prove the marriage existed, but it makes it significantly harder and hands the other side a powerful argument that no marriage ever formed.