Living Together Is Not Marriage
Family Code 2.401 — an informal marriage, proved by agreement, living together and holding out
In Texas, an informal marriage is recognized. It may be proved by a signed declaration of informal marriage, or by evidence that the parties agreed to be married and after the agreement lived together in the state and represented to others that they were married.
The second anniversary. If a proceeding to prove an informal marriage by agreement, living together and holding out is not begun before the second anniversary of the date the parties separated and stopped living together, it is rebuttably presumed that they did not agree to be married.
Who may not. A person under 18 years of age may not be a party to an informal marriage or sign a declaration, nor may a person who is presently married to someone else.
| The assumption | What the law actually does |
|---|---|
| The assumptionLiving together for some years is enough | What the law actually doesThere must be an agreement to be married, living together, and holding out to others |
| The assumptionAn informal marriage can be proved at any time | What the law actually doesAfter the second anniversary of separating, the agreement is presumed not to exist |
A marriage validly formed in another state, property and support claims between unmarried partners, and how a marriage ends are separate questions this page does not answer. Whether a particular relationship is a marriage is a question for a licensed Texas attorney.
Sources for this section (2)
- Fam. Code 2.401 — Proof of informal marriage
- Fam. Code 2.402 — Declaration and registration of informal marriage
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.