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Common Law Marriage in Texas

Asked over 2 years ago - Houston, TX
Common Law Marriage Family Family Law Marriage Marriage Law

We have a joint checking account since we are living together. We are not engaged or intend to get married. We represent ourselves as boyfriend/girlfriend and keep our own identity. So, does this mean we are common law married?

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Attorney answers (1)

Reputation Level 14
Answered over 2 years ago. Juvenile Law Attorney in Houston, TX.
No. For common law marriage to occur, the parties must live together, hold themselves out as husband and wife, and agree to be married. (the last requirement is a bit shaky though). So if you are not presenting yourselves to the world as married or have an agreement to be married, then you are not married under the common law.

So just dont file joint tax returns or anything.....
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