What evidence is needed to prove a common law marriage in Texas?

Q: What evidence is needed to prove a common law marriage in Texas?

Mooneyham v. Knapp: In common-law marriage litigation, a claimant's sworn testimony that a specific agreement to marry existed is legally sufficient to defeat a motion for summary judgment, shifting the focus from pretrial dismissal to the credibility of the witnesses at trial. | Cristy West v. Jimmie Ward: Private communications often carry more weight than social media 'holding out.' Even if you represent yourselves as married on Instagram, private texts referring to each other as 'fiancé' or identifying as 'single' can be fatal to a common law marriage claim.

This question has been addressed in 2 Texas court opinions:

Mooneyham v. Knapp

COA14 — February 3, 2026

After the death of George Knapp, Terry Mooneyham sought to establish that the two had shared an informal (common-law) marriage for seventeen years. Knapp’s estate argued there was no evidence of a specific agreement to be married and successfully moved for summary judgment to dismiss the claim. The Court of Appeals reversed this decision, analyzing Texas Family Code § 2.401(a)(2) and holding that a claimant’s own affidavit asserting a direct agreement to be married constitutes sufficient evidence to survive a pretrial dismissal. The court clarified that whether such testimony is 'self-serving' is a matter of credibility for a jury to decide at trial, rather than a reason for a judge to throw out the case early.

Litigation Takeaway

“In common-law marriage litigation, a claimant's sworn testimony that a specific agreement to marry existed is legally sufficient to defeat a motion for summary judgment, shifting the focus from pretrial dismissal to the credibility of the witnesses at trial.”

Cristy West v. Jimmie Ward

COA09 — January 29, 2026

In West v. Ward, Cristy West filed for divorce claiming an informal (common law) marriage to professional football player Jimmie Ward. Ward denied the marriage existed, asserting they were only engaged. The court analyzed the case under Texas Family Code § 2.401(a)(2), focusing on whether there was a "present agreement" to be married. Despite social media posts where the parties used terms like 'wifey,' the court found that West's own private text messages—where she referred to herself as 'single' and discussed a 'future' wedding—contradicted the claim of a present marriage. The appellate court affirmed the jury's verdict that no marriage existed, holding that a future intent to marry is not a substitute for a current agreement to be married.

Litigation Takeaway

“Private communications often carry more weight than social media 'holding out.' Even if you represent yourselves as married on Instagram, private texts referring to each other as 'fiancé' or identifying as 'single' can be fatal to a common law marriage claim.”