Marriage is a sacred thing, but some may also consider common law marriage to be sacred!

In Texas, a common law marriage, also known as an "informal marriage," is legally recognized if certain conditions are met, even if there is no formal ceremony or marriage license.

How is a Common Law Marriage Defined in Texas?

In Texas, both individuals must agree that they are married. Cohabitation (living together) is required as well as presenting yourself as a married couple; this involves actions that demonstrate to others that you are married, such as using the same last name, referring to each other as spouses, or filing taxes jointly.

If these conditions are met, a common law marriage holds the same legal weight as a traditional marriage in Texas. Common law marriages in Texas can end only through formal divorce or death, just like ceremonial marriages.

And in the event of a death of a common law spouse, what happens?

If your common-law spouse dies in Texas, you may have rights similar to those of a spouse in a traditional marriage, but you’ll need to prove the marriage was valid under Texas common law, this is especially important if your spouse's family contests the marriage.

If you can prove the common law marriage, Texas law grants you rights similar to those of legally married spouses, which may include a share of the deceased’s community property (assets acquired during the relationship), rights to inherit under Texas intestate succession laws if your spouse left no will. This means you would inherit a portion of the estate, while the rest may go to children or other family members.

If you’re recognized as the legal surviving spouse, you may qualify for certain survivor benefits like Social Security or life insurance, depending on specific policies and eligibility requirements.

Seeking legal advice can help ensure your rights are protected, especially if the marriage is disputed or there are significant assets involved.