my spouse states that we are married through common law marriage.

Quite possibly. All that is required is to (1) have an intent to be married, (2) cohabit (live together) and (3) hold yourself out to the world as man and wife.

It seems fairly clear that you have satisfied elements No. 2 and No. 3 (using his name and having joint accounts in his name are acts that are reasonably construed as "holding out" as married). The intent to be married can be inferred by elements No. 2 No. 3.

The question is, do you want to be married? If you do, you should take the extra step of filing a declaration of informal marriage with the County Clerk's office.

If you don't want to be married, you should consult a family-law attorney in Nueces County to determine what you need to do next. You may well need to file for divorce, which can be fairly easy, or very hard, depending on how your purported spouse reacts.

Good luck and God bless,

Lee