As more and more people get away from the traditions of formal ceremonial marriages, it becomes more important to understand when and how you could find yourself in a common-law marriage relationship.

Today more and more couples are cohabitating prior to marriage. Others choose to live together but never get married. There are many misconceptions about common-law marriage. There are many misunderstood facts about common law marriage in Texas. Knowing where the lines are drawn between unmarried and common law married can be important in knowing your rights.

Many people think the following situations constitute or raise a question about a couple’s marital status under common law:

Myth 1: If we live together for 6 months or more, we are common law married.

Myth 2: If we move in together at all, we are common law married.

Myth 3: If we get engaged, we are agreeing to be common law married.

Myth 4: If my girlfriend tells someone that we are married but I don’t agree, then we might be common law married.

Myth 5: If my girlfriend uses my last name without my permission, then we might be common law married.

Myth 6: If we agree to get married in the future, we are common law married now.

What you should know about common law marriage in Texas Page 4

Myth 7: If we agree to be married but never move in together, we still might be common law married.

Myth 8: If we talked about being married but never told anyone, we might be common law married.

Myth 9: If we have kids together and they have the father’s last name, we are common law married.

Myth 10: If we agree to be common law married, then we can agree to be divorced the same way.

As you will see, each of these situations are merely folklore and are not examples of a common law marriage.