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Common Law Marriage Statute in Texas

Texas calls it an "informal marriage," rather than a common-law marriage. Under � 1.91 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a 3-prong test showing evidence of

(1) an agreement to be married;

(2) cohabitation in Texas; and

(3) representation to others that the parties are married. The 1995 update adds an evidentiary presumption that there was no marriage if no suit for proof of marriage is filed within two years of the date the parties separated and ceased living together.

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