How do i find out if im common law married and do i have to get divorced?

UPDATED: Oct 1, 2022

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How do i find out if im common law married and do i have to get divorced?

We have lived togwther for
6 months or more, we got a
marriage lisence but didn’t
use them and i been caring
his last name, publicly.
Everyone thought we was
married. Hes trying to kick
me out but i have no where
to go.

Asked on November 17, 2017 under Family Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If there is a valid common-law marriage, then you have rights as a spouse. For example, alimony, division of property, etc. You also have the right to remain in the premises no matter whose name the deed/lease is in. The fact is that until a formal separation agreement or divorce decree is in effect, both spouse s have the rights to occupancy as it remains the "joint marital residence".  Therefore, the question becomes, has a valid common law marriage been formed? In TX, a man and woman who want to establish a common-law marriage must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married. However, these requirements may not be as easy to prove as they might appear. At this point, you need to speak directly with a divorce attorney in your area; they can help you determine your legal status. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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