Family Code · §2.401

Informal (Common-Law) Marriage

Informal (Common-Law) Marriage is covered under §2.401 and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Marriage & Divorce" on practice exams.

To prove this offense, the State must establish each of the following elements: Agreement to be married; Cohabitation in Texas as spouses after agreement; Representation to others that parties are married.

Elements you must prove

  • Agreement to be married
  • Cohabitation in Texas as spouses after agreement
  • Representation to others that parties are married

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Worked examples

Worked example 1

Under Tex. Fam. Code §2.401, an informal (common-law) marriage in Texas requires:

  1. 10 years cohabitation
  2. (1) Agreement to be married, (2) cohabitation in Texas as spouses after the agreement, (3) representation to others that the parties are married Correct
  3. Witnesses only
  4. A ceremony
Why: Texas recognizes informal (common-law) marriage on the three elements above. Spouses in informal marriage have all the rights and obligations of formally-married persons, including FV / family-violence statutes.
Statute: Tex. Fam. Code §2.401

Statutory definitions for this topic

Informal (common-law) marriage Tex. Fam. Code §2.401
Texas recognizes informal marriage on three elements: (1) agreement to be married, (2) cohabitation in Texas as spouses after the agreement, and (3) representation to others that the parties are married. Spouses in informal marriage have all the rights and obligations of formally-married persons.