I have lived with my boyfriend for the last three years. Does that mean that we are common-law married?

Couples that have lived together for a long time like to joke that they are probably common-law married. It is true that Texas is one of the few states in the country that recognizes common-law marriage, which is also referred to as “informal marriage.” However, contrary to popular belief, simply living with a boyfriend or girlfriend is not enough to prove a common-law marriage exists, regardless of the amount of time the couple has spent together.

Under Texas law, a man and woman may prove their informal marriage in one of two ways. The easy way is for the couple to sign a declaration and registration of their informal marriage with the county clerk. Check out section 2.402 of the Texas Family Code (www.capitol.state.tx.us/statutes/fa.toc.htm) to see the information required to be in the declaration.

The other way to establish an informal marriage is to meet a three-pronged test. First, the man and woman must have “agreed to be married.” Texas courts have held that this agreement may be express or implied. Second, the couple must live together in Texas as husband and wife after making the agreement to be married. Third, the couple must “represent to others” or “hold themselves out” as husband and wife. Texas law will not recognize an informal marriage that is a secret. Instead, the law requires that the couple present themselves as a married couple to the public. There are numerous ways a couple can hold themselves out as married, with simply introducing your partner socially as “my husband/wife,” signing documents (insurance policies, leases, etc.) as husband and wife, or filing a joint tax return being some of the more common ways to satisfy this prong.

Read next week’s column to learn more about common-law marriage, including ways to validate the common-law marriage, the legal effects of being in a common-law marriage, and whether these marriages are recognized in other states.

This article appears in October 15 • 2004.

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