If you have lived in the Dallas-Fort Worth Metroplex for any length of time, you have likely heard the rumor: "If you live together for seven years, you’re legally married in Texas."
It is one of the most persistent myths in the Lone Star State. At Armstrong Investigations, PLLC, we encounter this misconception almost weekly. Whether we are working on a high-stakes divorce case in Dallas County or an estate dispute in Tarrant County, the confusion surrounding "Common Law Marriage": or what the Texas Family Code officially calls an Informal Marriage: can lead to significant legal and financial headaches.
The truth is that Texas does not care if you have lived together for seven minutes or seventy years. Time is not the deciding factor. In Texas, a common law marriage is established through specific actions and intent, not a calendar.
As a professional investigative firm led by Jasen A. Armstrong, J.D., a graduate of the Oklahoma City University School of Law, we take a deep, evidence-based approach to these cases. Proving (or disproving) a marriage is about more than just hearsay; it is about building a mountain of documented facts.
The Three Pillars of Texas Common Law Marriage
To establish an informal marriage in Texas, three elements must exist simultaneously. If even one is missing, the relationship is generally viewed by the courts as a non-marital cohabitation. At Armstrong Investigations, PLLC, we structure our family law investigations around these three specific pillars.
1. The Agreement to be Married
This is the "intent" element. The couple must have a present, immediate agreement that they are married. It isn't an agreement to get married next June at a winery in McKinney; it is an agreement that "we are married right now."
2. Cohabitation in Texas
After making that agreement, the couple must live together within the State of Texas as a married couple. While there is no minimum time requirement, the nature of the living arrangement matters. Are they sharing a bedroom? Are they sharing household responsibilities?
3. Representing to Others ("Holding Out")
This is often where cases are won or lost. The couple must represent to others: friends, family, and the public: that they are married. In the legal world, this is called "holding out." If you tell your neighbors in Frisco that you are married, but you tell the IRS you are single, you have a major evidentiary problem.
Proving the Marriage: How We Uncover the Truth in DFW
When a relationship ends, the stakes are high. If a common law marriage is proven, the parties are subject to Texas community property laws. This means assets acquired during the relationship: houses in Southlake, retirement accounts from Plano-based corporations, or businesses in Fort Worth: may be subject to a "just and right" division.
Because the North Texas area is home to a high concentration of high-net-worth individuals, the incentive to prove or disprove a marriage is often financial. We provide the surveillance and background research necessary to provide clarity to these complex situations.
Documenting the "Holding Out"
"Holding out" is a public act. We look for a pattern of behavior that suggests a marital bond. Our investigators scour various sources in counties like Collin, Denton, and Rockwall to find:
- Joint Filings: Did the couple file joint tax returns?
- Insurance Records: Is one partner listed as a "spouse" on a health insurance policy or a life insurance beneficiary form?
- Credit and Loans: Did they apply for a mortgage in Arlington or a car loan in Irving as a married couple?
- Social Media Forensics: In the modern era, Facebook and Instagram are gold mines. We look for posts where one party refers to the other as "my husband" or "my wife," or where they celebrate wedding anniversaries.
Witness Interviews and Community Reputation
In tight-knit communities within Ellis, Kaufman, and Johnson counties, reputation matters. We conduct discreet interviews with neighbors, former coworkers, and social circles. Did the couple attend holiday parties as "The Smiths"? Did they register at a local church as a married unit? This "community reputation" is a critical piece of the evidentiary puzzle.
Common Myths vs. Texas Reality
Myth: The "Seven-Year Rule"
As mentioned, there is no time requirement. You could theoretically meet the requirements in a single weekend if you agreed to be married, stayed in a Texas hotel together, and introduced yourselves to everyone at brunch as a married couple.
Myth: "We aren't married if we didn't sign anything."
While you can file a "Declaration of Informal Marriage" with the county clerk (which is ironclad proof), you don't have to. Many couples in the DFW Metroplex are legally married without realizing it because they have met the three criteria listed above.
Myth: Moving out ends the marriage.
Once a common law marriage is established, it is a legal marriage. There is no "common law divorce." To end it, you must go through the same formal divorce process as anyone else. If you simply walk away, you may find years later that your "ex" still has a claim to your property or estate. In fact, Texas law generally requires you to initiate a proceeding to prove the marriage within two years of separating, or there is a rebuttable presumption that no marriage existed.
Same-Sex Relationships in Texas
Since the landmark Obergefell v. Hodges decision in 2015, same-sex couples in Texas are treated exactly the same as opposite-sex couples in all family law matters. This includes the establishment of common law marriage. If a same-sex couple in Dallas or Tarrant County meets the three pillars of agreement, cohabitation, and holding out, they are legally married under Texas law. Our investigative protocols for these cases are identical, focusing on the factual evidence of the relationship's public and private character.
Financial Support and Property
It is important to note that if a common law marriage is proven, the lower-earning spouse may seek Temporary Spousal Support. While some states use different terms, in Texas, this type of support is only available in a select number of cases and usually for a limited duration. Proving the existence of the marriage is the first hurdle to clearing the path for such a claim.
Why Choose Armstrong Investigations, PLLC?
Whether you are trying to protect your assets or secure the rights you deserve, you need a team that understands the intersection of investigation and Texas law.
We serve the entire DFW Metroplex, from the busy streets of downtown Dallas to the growing suburbs of Collin and Denton counties. We don't just provide "hunches": we provide admissible evidence.
Jasen A. Armstrong, J.D., brings a sophisticated perspective to every file. Having studied at the Oklahoma City University School of Law, Jasen ensures that every surveillance report, witness statement, and background check produced by Armstrong Investigations, PLLC is handled with the highest level of professional scrutiny. We understand what the courts are looking for, and we know how to find it.
If you are involved in a dispute involving a common law marriage in North Texas, don't rely on myths. Get the facts.
Jasen A. Armstrong, J.D.
Armstrong Investigations, PLLC
P: 214-851-3800 | W: armstronginvestigations.com
Texas DPS Lic. #: 166353101 | Affiliated with TCS Consulting (TX DPS Lic. #: C20493) & Howard Law, PLLC