ADOPTION

6) Do I have to have the same last name as my spouse, share a bank accounts, file taxes as husband and wife?

Answer:

No. If later one spouse claims that they were not common-law married,

evidence such as joint ownership of homes, cars, bank accounts and joint

filing of tax returns helps prove to the court the intent of the parties,

however, you may still be married if you never share anything.

7) Do I have to fill out a form at the county clerk's office declaring our common-law marriage?

Answer:

The Texas Legislature has provided a declaration of informal marriage

that may be filed by the parties. This form is prima facie evidence of the

parties intent to be married. Remember, to be common-law married even if

you file the form, you must meet ALL the requirements to a common-law

marriage. Failure to fill out and file the form does not show that you are

NOT informally married.

8) Do common-law spouses have the same rights as spouses of a ceremonial marriage?

Answer:

The state of Texas does not differentiate between marriages by ceremony

or informal marriages. Once married, you are married and regardless

how you were married, you have the same rights and obligations of

any other spouse.

9) If I'm common-law married in Texas and move to a different state, will I still be married?

Answer:

Yes.