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What you are talking about is a common law marriage
. Texas calls it an "informal marriage," rather than a common-law marriage. Under § 2.401 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a three-prong test showing evidence of (1)
an agreement to be married; (2) cohabitation
in Texas; and (3)
representation to others that the parties are married. A 1995 update adds an evidentiary presumption that there was no marriage if no suit for proof of marriage is filed within two years of the date the parties separated and ceased living together.
If you meet all three of these prongs of the test and file a suit for proof of marriage within 2 years of the 2009 separation then you would likely be considered legally marriage and property division would occur as if you where legally married.
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