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An informal marriage license can be obtained by a couple who has agreed to be married, and after the agreement, they live together in this state and represent themselves to others as married. An absent affidavit application cannot be used for the informal marriage license.
Form H1057, Declaration of Informal Marriage | Texas Health and Human Services.
Formal registration of your marriage by common law will require you to file a Declaration of Informal Marriage with the county clerk's office. In Houston, the appropriate place to get a license or declaration is at the Harris County Clerk's office or one of its branches.
Unmarried couples do not enjoy the same rights as married couples. Texas laws consider property acquired during a marriage to be owned equally by both parties, no matter whose name is on the property. But this does not apply to those who are not considered married.
An informal marriage, also called a common-law marriage, is more than merely \u201cliving together.\u201d The parties to an informal marriage must have agreed to be married, lived together as husband and wife after such an agreement, and represented to others that they are married.
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According to Chapter 2.401 the Texas Family Code, a common law marriage must have these three elements: The couple has agreed to be married; The couple has agreed to live together as husband and wife; The couple has represented themselves as a married couple to others.
While there is no time limit on the amount of a time a couple lives together, the law does require that a couple cohabitate for two years. Should the couple break up before two years and live apart, it would be assumed that the couple did not enter into an agreement to be married.
Texas law states that a common law marriage may be proved by evidence that the couple: \u201cagreed to be married\u201d; and. \u201cafter the agreement they lived together in this state as husband and wife\u201d; and they. \u201crepresented to others that they were married\u201d
Oftentimes, when people ask is common law marriage recognized in Texas, and they find out that it is in fact recognized, they mistakenly believe that living together for a certain period of time equates to common law marriage Texas\u20146 months, 5 years, 10 years, etc. It does NOT.
A common law (or informal) marriage is a legal marriage without a ceremony or other formalities. It is created only if certain specific legal requirements are met. Proving a common law marriage does NOT depend on how long you have been living together or whether you have children together.

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