What are the rules for common law marriage in Texas?

Common law marriage is established by proof that you have cohabited (lived together), represented to others that you are married and had an agreement to be married. The agreement can be inferred from the other two elements. Texas Family Code section 2.401. There is a rebuttable presumption of no marriage unless a suit is commenced to prove the marriage before the second anniversary that the parties “separated and ceased living together”.



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