Question:
Does Texas law recognize informal marriages involving individuals under 18 years old?
Answer:
No, Texas law does not recognize informal (common-law) marriages involving individuals under the age of 18. In Kingery v. Hintz, 124 S.W.3d 875 (Tex. App.—Houston [14th Dist.] 2004, no pet.), the court held that a person under eighteen may not be a party to a Texas common-law marriage. This decision is supported by Texas Family Code § 2.401(c)(1), which explicitly states that a person under 18 years of age may not be a party to an informal marriage. This provision reflects Texas’ public policy of supporting the validity of lawful marriages while prohibiting informal marriages involving minors, even with parental consent.