Common Law Marriage & Legal Rights in Texas

In Texas, more couples than ever are choosing to share their lives without a formal wedding ceremony. Whether it’s for personal, financial, or philosophical reasons, many partners live together, buy homes, share finances, and raise children as though they were married, often assuming that the law will protect them in the same way it does legally married couples. Unfortunately, that assumption can lead to serious complications when a relationship ends or a crisis strikes.

The reality is that Texas law does not automatically grant cohabiting couples the same rights and protections as married spouses. Without meeting the legal requirements for a common law marriage or taking specific legal steps, one partner could be left without a claim to shared property, decision-making authority in medical emergencies, or financial stability after a breakup.

Common Law Marriage & Legal Rights in Texas

This guide explains how Common Law Marriage & Legal Rights in Texas, highlights the gaps that could leave you vulnerable, and provides practical strategies to safeguard your relationship and assets.

What Counts as a Common Law Marriage in Texas?

Texas recognizes common law marriage (also called informal marriage) under certain conditions, but it’s a narrow legal status that requires proving all of the following:

1. You agreed to be married.

2. You lived together in Texas as spouses.

3. You represented to others that you were married.

If you cannot prove these elements, you do not have the legal rights of a married couple, no matter how long you’ve been together or how intertwined your lives have become. Simply cohabiting, even for decades, does not automatically create a marriage under Texas law.

Common Law Marriage & Legal Rights in Texas

Key Legal Areas to Consider

Couples who believe they have a common law marriage—or who are living together without formalizing it—should be aware of several legal areas where protections differ significantly from marriage:

1. Property Ownership: Property belongs to the person whose name is on the title or deed. Without joint ownership documents, the other partner has no legal claim, even if they contributed financially to its purchase or upkeep.

2. Financial Support After Separation: Texas law does not require “palimony” or spousal support for couples who do not have a recognized marriage. Once a relationship ends, each person is financially independent unless other legal agreements exist.

3. Parental Rights: If children are involved, unmarried fathers must establish legal paternity through an Acknowledgement of Paternity or a court order. Without this step, a father may have no legal custody or visitation rights, even if he has been involved in the child’s life.

4. Medical and End-of-Life Decisions: Without legal authority, such as a medical power of attorney or healthcare proxy, a partner may not be permitted to make medical decisions or access health records in emergencies.

How to Protect Yourself

1. Cohabitation Agreements: Outline how property will be owned, how expenses will be shared, and what will happen if you separate.

2. Joint Property Titles: When purchasing property together, ensure both names appear on the deed or title, and consider adding a “right of survivorship” clause to protect the surviving partner.

3. Parenting Agreements: For couples with children, a formal parenting plan can define custody, visitation, and child support obligations, ensuring both parents have enforceable rights.

4. Legal Decision-Making Documents: Draft powers of attorney, healthcare proxies, and living wills to ensure your partner can make critical decisions if you become incapacitated.

Final Thoughts on Common Law Marriage in Texas

Love, commitment, and shared life goals are powerful foundations for any relationship, but they are not enough to protect you in the eyes of the law. Without the safeguards of a recognized marriage or legal agreements, an already difficult life event; such as a breakup, illness, or death; can become a crisis with lasting financial and emotional consequences.

At Kamal Law Firm, we believe that protecting your relationship means preparing for all possibilities, not because you expect the worst, but because you value what you’ve built together. By taking proactive steps now, you ensure that your home, your finances, your parental rights, and your ability to care for each other are preserved, no matter what happens.

If you’re living together and want to understand your options under Texas common law marriage, now is the time to address these issues before life forces you to. We can help you create legally sound agreements tailored to your relationship, giving you peace of mind that your rights and your future are secure.

Your commitment to each other is real; make sure your legal protections are too.