Common Law Marriage Attorneys In San Antonio

Ending a long-term relationship can raise a critical legal question: are you simply separating or are you legally divorcing? Many couples in San Antonio and throughout Bexar County discover that the answer depends on whether an informal marriage existed under Texas law.

The Three Legal Requirements For Informal Marriage In Texas

Under the Texas Family Code marriage requirements, an informal marriage exists only if three elements are present at the same time:

• Agreement to be married: Both individuals must have mutually intended and agreed to be married, not merely to live together or date long-term.
• Cohabitation in Texas: The couple must have lived together in Texas in a marital relationship, not simply as roommates or partners.
• Holding out as married: The parties must have represented to others that they were married such as referring to each other as husband and wife, filing joint tax returns, or sharing a last name.

All three factors must be proven. An Affidavit of Informal Marriage, also called a Declaration of Informal Marriage, strengthens proof but is not required.

Common Myths About Common Law Marriage

There is no “seven-year rule” in Texas. Time alone does not create a marriage. Living together for years without evidence of agreement and holding out does not satisfy the law. Proving common law marriage requires specific facts and not just assumptions.

There is also a strict two-year statute of limitations. If a couple separates and one party seeks to establish the existence of a marriage, that claim generally must be filed within two years of separation. After that, the law presumes no marriage existed unless proven otherwise.

What Happens If An Informal Marriage Is Proven?

If a valid marriage is established, ending the relationship requires a formal divorce. Community property acquired during the marriage may be subject to division, including homes, retirement accounts and business interests. Spousal maintenance may also be considered in limited circumstances.

Talk To An Attorney That Can Help

At Reuter Law Group, PC, our board-certified family law attorneys bring over 30 years of combined experience guiding families in transition with clarity and precision. We provide a direct assessment of your rights and strategic options.

Take the first step. Call for a consultation at 210-761-6184 or use our online form today. As soon as you start to have questions, it is important to talk to an experienced lawyer right away.