Texas does not recognize “palimony.”

If two people live together for years, share bills, and act like a married couple — that alone does not create property rights.

But Texas does recognize informal (common-law) marriage, and the distinction between cohabitation and informal marriage is one of the most misunderstood issues in Texas family law.

Let’s break this down under codified Texas law.

1. Texas Does Not Recognize “Meretricious Relationship” Property Claims

Some states allow equitable claims when unmarried couples split up after long relationships. Texas does not.

Texas property division rights arise from:

• A valid ceremonial marriage; or
• An informal marriage under statute.

Without one of those, there is no community property division under the Texas Family Code.

Under Texas Family Code § 2.401(a), an informal marriage exists only if:

(1) the parties agreed to be married;
(2) after the agreement they lived together in Texas as spouses; and
(3) they represented to others that they were married.

All three elements must be proven.

Living together alone is insufficient.

2. Cohabitation Alone Creates No Community Property

Texas is a community property state. Under Texas Family Code § 3.002:

“Community property consists of the property, other than separate property, acquired by either spouse during marriage.”

Notice the phrase: during marriage.

If there is no marriage, there is no community estate.

That means:

• No automatic 50/50 split
• No just and right division under § 7.001
• No spousal maintenance
• No marital fiduciary duties

Even if the couple lived together for 20 years.

3. So What Can an Unmarried Partner Claim?

While there is no community property claim, an unmarried partner may still pursue:

A. Contract Claims

If the parties had an express agreement (oral or written) about ownership, that may be enforceable.

B. Partition Claims

If both names are on title to property, a co-owner can seek partition under Texas Property Code Chapter 23.

C. Reimbursement / Equitable Claims

In some situations, a party may attempt:

• Unjust enrichment
• Quantum meruit
• Constructive trust

But these are not “relationship rights.” They are traditional civil causes of action and are fact-specific.

Texas courts will not invent marriage rights where none legally exist.

4. The Danger: Accidentally Proving an Informal Marriage

Here’s where things get interesting.

If a couple:

• Files joint tax returns,
• Uses the same last name,
• Introduces each other as “my spouse,”
• Lists marital status as married on documents,

Those facts can be used to prove informal marriage under § 2.401.

And once informal marriage is established:

• All property acquired during the relationship may be presumed community property under Texas Family Code § 3.003(a):

“Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.”

Now the case becomes a divorce.

That can mean a full community property division, reimbursement claims, and potentially spousal maintenance exposure.

5. Why This Matters in Litigation

These disputes usually arise when:

• One party buys a house during the relationship
• One partner builds a business
• One partner pays down the other’s debt
• One partner believes “we were basically married”

When relationships end, financial expectations surface.

Texas law is strict: without marriage (formal or informal), there is no marital estate.

But if the evidence crosses into informal marriage territory, the entire case shifts into divorce jurisdiction.

6. Practical Advice for Texans Living Together

If you do not intend to be married:

• Avoid holding yourselves out as married.
• Do not file joint tax returns unless legally married.
• Clarify property ownership in writing.
• Consider cohabitation agreements.

If you do intend to be married but never formalized it, understand that you may already be married under Texas law.

Final Thought

Texas draws a sharp legal line between marriage and cohabitation.

Living together creates emotional bonds.

Marriage creates legal consequences.

If you are unsure where your situation falls, it is far better to clarify now than to litigate later.

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At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.