Common law marriage

You cohabitated in Texas, had an agreement that you are married, and held yourself out to others as married. Joint tax returns are a good indication that you are married. Plans to get married in the future are a good indication that you are not married. Meet with a lawyer about the specifics of your circumstances.

Be careful of what you do, depending on whether you want to be married or not. There is no common-law divorce in Texas, so a common-law breakup can get as painful and ugly as any other.

The short answer, just living together does not make a common law marriage in Texas. To have a common law marriage in Texas, you two must have talked and agreed to be married by common law, and then after that date hold yourself out to others a husband and wife. If you have not done either your ok

Cohabitation is one area which can lead to a finding of a common law marriage. So can holding out as married, exchanging rings, filing joint tax returns, etc. But, as indicated, if you are found to be common law spouses, you will need to get a formal divorce as there are not informal divorce agreements in Texas.

Must disagree with one of the posters. If you have not lived together for at least two years prior to filing for divorce there can be no informal or common law marriage. 2.302(b). This provision can be very costly if property was held primarily in one parties name. Consult with an attorney to see if you have a case and even if you don't how best to legally protect yourself.