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Commonly Asked Questions about Texas State Laws

Section 2.401 of the Family Code states what qualifies as a common law marriage: each partner must agree to be married; after the marriage agreement, they must live together in Texas as a married couple; the couple must represent to others that they are married.
Texas law is unique. It uses the common law of England as a rule of decision in court, but it was a jurisdiction of the civil law of Spain, France, and Mexico for over 300 years and it retains many elements of those laws today.
Unlike some states, Texas does not recognize common law marriage. This means that simply living together for a certain amount of time does not automatically entitle unmarried partners to the same legal rights and responsibilities as married couples.
Strict Penalties and Harsh Sentences Make the State Known for Being Tough on Crime. Texas has one of the highest incarceration rates in the country and has the most people behind bars.
Keep separate finances: Do not share bank accounts or credit cards with your partner, and keep all financial records separate. Make your intentions clear: Have a conversation with your partner about your intentions and agree that you do not want to be considered married under common law in Texas.
Texas law states that a common law marriage may be proved by evidence that the couple: agreed to be married; and. after the agreement they lived together in this state as husband and wife; and they. represented to others that they were married
Did You Know? 15 Real Texas Laws You Wont Believe No Concealed Carry of Wire Cutters. No Eating Your Neighbors Garbage. Marriage via Proclamation. Permit Required to Walk Barefoot. Spittoons Required. No Shooting Buffalo from the Balcony. Your Horse Needs Taillights. Windshield Wipers Required (But Not Windshields)
To find laws by subject, begin with either the Texas Code from Westlaw or the Texas Statutes database from the Texas Legislature Online.