If you're married in Texas, you'll be married in Louisiana. Common law marriage requires 3 factors 1) living together, 2) intent to be married and 3) "holding out" - that is, representing to others that you are married. If you don't have all 3, you're not married. If you do, you'll need to get a divorce in order to get your share of his property. Insurance forms and tax returns are often two of the easiest ways to help prove or disprove a common law marriage.