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In Texas, a common law marriage is formed in one of two ways: (1) the parties sign a Declaration of Marriage in accordance with Section 2.402 of the Texas Family Code; or (2) if a man and woman agree to be married, after agreeing they lived together as husband and wife in Texas, and they have held themselves out to the public as married.  Simply living together and having children do not alone give rise to common law marriage.

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Q: What is a common law marriage in Texas?

A: In Texas, a common law marriage is formed in one of two ways: (1) the parties sign a Declaration of Marriage in accordance with Section 2.402 of the Texas Family Code; or (2) if a man and woman agree to be married, after agreeing they lived together as husband and wife in Texas, and they have held themselves out to the public as married.  Simply living together and having children do not alone give rise to common law marriage.



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Reed & Riordan, PLLC
13140 Coit Road, Suite 325
Dallas, Texas 75240
Phone: 214-570-9555
Toll Free: 888-229-8985

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