What constitutes common law marriage in Texas?

My girlfriend is saying we are married. She lives with me but I have never
introduced her as anything other than my girlfriend. She’s saying because
of our tax return it made us married? I might have committed tax fraud but
don’t see how I made myself legally married

Asked on April 25, 2017 under Family Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

To form a common law marriage in TX, there is a 3-part test that must be met: the couple must have agreed to be married, held themselves out to be husband and wife, and lived together in the state as husband and wife. Filing a joint tax return goes to the requiremnt of of holding yourself out as married and you did live together. However, if you never agreed to be "married", then there was no intent to be husband and wife on you part. That all having been said, you really need to consult directly with a local attorney as this is a comlicated matter; they can best review your situation and advise you further.

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