Legal Question in Family Law in Texas

Re: Common Law Marriage

Probably the most common family law "myth" is that a common law marriage takes seven years. In actuality, you can have one after just one night. The three elements of a common law marriage are 1) the parties agree to be married, 2) they cohabiltate after that agreement, and 3) they represent to others that they are married. Texas law refers to that as a "marriage without formalities". While there is a process for registering such an informal marriage, that is not required.

I would suggest that you get divorced if it appears that you are marriage through an informal marriage. If you don't then one of you might find yourself liable for the debts of the other or one of you might commit bigamy.

Remember that all income (including retirement accounts) that either of you receive while married is community property.