My husband and I never formally got married. Are we married under the law?

Possibly. Texas no longer refers to this as a common law marriage but instead refers to it as an "informal marriage." Some studies show that as much as 25 percent of the marriages in Texas are "informal marriages." To be involved in an informal marriage, the man and woman must agree to be married and after the agreement they live together in this state as husband and wife and while within this state represent to others that they were married. However, a person under 18 years of age may not enter into an informal marriage. Unless a divorce is commenced within two years after the parties separate and cease living together, the law will presume that the parties did not enter into an agreement to be married. To recap, there is a three-pronged requirement to prove an informal marriage:

1. An agreement to be married;
2. Cohabitation in this state; and
3. Holding out to others that the parties are married.

Additionally, if you did not go through a formal ceremony, you may execute a Declaration and Registration of Informal Marriage which is filed with the County Clerk's Office in your county of residence