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.