Common law marriage, also known as informal marriage or marriage by habit and repute, is a legal union between two individuals without obtaining a marriage license or having a formal ceremony. In the state of Texas, common law marriage has been recognized since 1847, and couples who meet certain requirements can have the same legal rights and obligations as a couple who obtained a marriage license. One of those rights includes changing your last name to that of your spouse’s. Here’s what you need to know about changing your last name through common law marriage in Texas.
Requirements for Common Law Marriage in Texas
Before you can change your last name through common law marriage, you must first meet the requirements for common law marriage in Texas. Those requirements include:
- You and your partner must agree to be married.
- You and your partner must live together as husband and wife.
- You and your partner must present yourselves to others as a married couple.
If you meet these requirements, then you are considered legally married in the state of Texas, and you can take advantage of the same rights and benefits as a couple who obtained a marriage license.
Steps to Change Your Last Name Through Common Law Marriage
Once you are legally married through common law marriage, you can change your last name to that of your spouse’s. Here are the steps you need to follow:
Step 1: Obtain a Certified Copy of Your Marriage License
Even though you did not obtain a marriage license, you still need to obtain a certified copy of your common law marriage certificate. This certificate can be obtained from the county clerk where you and your spouse reside. The certificate serves as proof of your common law marriage and allows you to change your last name.
Step 2: Update Your Social Security Card
The next step is to update your social security card with your new last name. You will need to fill out an application for a new social security card and provide proof of your common law marriage certificate, as well as other identifying documents. You can find the application on the Social Security Administration’s website.
Step 3: Update Your Driver’s License
Once you have updated your social security card, you can update your driver’s license. You will need to provide your old driver’s license, your certified copy of your common law marriage certificate, and other identifying documents, such as your birth certificate or passport.
Step 4: Update Other Documents
After you have updated your social security card and driver’s license, you should also update other important documents, such as your passport, bank accounts, and insurance policies.
Benefits of Changing Your Last Name Through Common Law Marriage
Changing your last name through common law marriage can have several benefits. Here are a few of them:
- Legal recognition: By changing your last name, you are legally recognized as a married couple in the state of Texas.
- Identity: Changing your last name can help create a sense of identity and unity between you and your spouse.
- Practicality: Having the same last name can make practical matters, such as applying for joint credit or purchasing property, easier.
Potential Challenges with Changing Your Last Name Through Common Law Marriage
While changing your last name through common law marriage can have many benefits, it can also come with some challenges. Here are a few potential challenges to consider:
- Social stigma: Some people may not understand or approve of common law marriages, which could lead to social stigma.
- Legal complications: If you and your spouse ever decide to end your common law marriage, there could be legal complications involved.
- Cultural considerations: In some cultures, changing your last name is not customary or even allowed.
Conclusion
If you are in a common law marriage in Texas and want to change your last name to that of your spouse’s, it is important to follow the necessary steps and obtain the proper documents. While changing your last name can have many benefits, it is important to consider the potential challenges as well. By understanding the process and weighing the pros and cons, you can make an informed decision about whether or not to change your last name through common law marriage.