Common Law Marriage

For a small fee (which varies by county), you and your common law spouse can simply go to the county clerk and swear to your marriage by filing a Declaration of Informal Marriage.

If you're not sure whether or not you are common law married, you should read How do I know if I'm common law married or not?

The test for a common law marriage is fairly straightforward. Texas has a 3 question test. If you can answer "yes" to all 3 of the questions, you are common law married. If you answer "no" to any of them, you probably aren't.

1. Both parties must have intended to be married.
2. You must have lived together as husband and wife.
3. You must have held yourself out to others as married.