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 also referred to as an informal marriage, is recognized as a legally valid marriage even if the couple did not obtain a marriage license or participate in a formal wedding ceremony. 

To establish a common law marriage in Texas, a couple must meet three specific criteria:

• Agreement: Both parties must agree to be married. This can be an explicit agreement or an implicit understanding that they are in a marital relationship.

1. Cohabitation: The couple must live together in Texas as a married couple. There is no specific time requirement for how long they must live together, but there should be evidence that they cohabitate continuously.
2. Representation to Others: The couple must hold themselves out to others as being married. This can include referring to one another as “husband” or “wife,” using the same last name, or presenting themselves as a married couple in social situations.

If these criteria are met, the couple is legally recognized as being married under Texas law, regardless of formalities such as a marriage certificate.

How do I disprove a common-law marriage in Texas?

Disproving a common-law marriage in Texas involves demonstrating that the conditions necessary for such a marriage are not met. To disprove a common law marriage in Texas, one could present evidence or arguments that show one or more of these elements are absent. Here are some approaches to consider:

1. No Mutual Consent: Provide evidence that one or both parties did not agree to be married. This could include testimony or written communication showing a lack of agreement.
2. No Cohabitation: Show that the couple did not live together in Texas. Evidence such as lease agreements, utility bills, or testimonies from neighbors can support this claim.
3. No Representation as Married: Demonstrate that the couple did not present themselves as married. This could include evidence of separate finances, not using the same last name, or not referring to each other as spouses.
4. Absence of a Declaration: If applicable, present evidence of any mutual declarations made regarding the relationship, such as statements indicating that they are not married.
5. Seek Legal Documentation: In some cases, it might be helpful to obtain legal documents or court filings that clarify the relationship status or support your claims.
6. Witness Testimony: Gather statements from friends, family, or acquaintances who can attest to the nature of the relationship and that the couple did not consider themselves married.

It’s essential to consult with a qualified attorney who specializes in family law in San Antonio if you are involved in a situation where disproof of common law marriage is necessary. They can provide specific guidance and representation based on the details of your case.  Book your consultation with the Denis Law Group today.