Texas recognizes informal or "common law" marriages. If you were to use a search engine, you would find Chapter 2 of the Texas Family Code. Subchapter E deals with "marriage without formalities" or a common law marriage. it the legal requirements are met, a common law marriage in Texas is just a valid as a formal marriage with a marriage license and a minister or judge performing the ceremony. A common law marriage creates the same duties, rights, and liabilities as a formal marriage.
Absent a marriage, there is no community property to divide when the relationship ends. If couple has a ceremonial marriage by a judge or by a minister or priest, there may be community property. If a couple meets the requirements for a common-law marriage, in Texas, there may be community property to divide. This is so whether the marriage is between heterosexual couples or same-sex.
Texas is a community property state. This fact has very little bearing on most aspects of someone's life. For someone who is considering divorce, however, the fact that Texas is a community property state is very important. Below we will discuss the impact of Texas' community property laws on divorce.