How to Avoid Common Law Marriage in Texas

In Texas, a common law marriage can be established if a couple lives together for an extended period of time and presents themselves as married, even if they never obtain a marriage license or have a formal marriage ceremony.

If you do not wish to enter into a common law marriage in Texas, here are some steps you can take:

1. Be clear with your partner: It's important to communicate with your partner about your intentions and make sure that you are both on the same page about not entering into a common law marriage.

2. Do not refer to each other as spouses: Avoid using terms such as "husband" or "wife" when referring to each other. Instead, use terms like "partner" or "significant other".

3. Do not share a last name: Avoid changing your last name to your partner's or using a hyphenated last name.

4. Do not file joint tax returns: Filing joint tax returns can be seen as evidence of a common law marriage. Instead, file your taxes as single individuals.

5. Do not open joint accounts: Avoid opening joint bank accounts, credit cards or other accounts that could be seen as evidence of a marital relationship.

6. Have a written agreement: Consider creating a written agreement with your partner that clarifies that you do not intend to be in a common law marriage.

Remember, the laws regarding common law marriage can be complex and can vary from state to state. If you have any questions or concerns, it is best to consult with a family law attorney who is familiar with the laws in Texas.