I was thinking you could just go ahead and get the tax breaks if you’ve lived together for awhile, but you have to have the process legalized by this “three-part test”:
Q: What makes a common law marriage?
- A: Three elements must be present to form a common law marriage in Texas.
First, you must have “agreed to be married.”
Second, you must have “held yourselves out” as husband and wife. You must have represented to others that you were married to each other. As an example of this, you may have introduced you partner socially as “my husband,” or you may have filed a joint income tax return.
Third, you must have lived together in this state as husband and wife.
That’s a test?? Whatever. I’m getting a divorce.