Legal Question in Family Law in Texas

Common law names

I adopted a common law name while

living with an individual from 1970-

78. We split up but I continued

using his last name until I married in

1985. I am presently being asked to

provide proof of legal name change

from my birth name to present

married name. My marriage

certificate shows my common law

name. There is no formal

documentation of the change from

birth name to common law name.

What can I do?


Asked on 1/28/09, 6:42 pm

1 Answer from Attorneys

Arthur Bashor Arthur N. (Art) Bashor, Attorney at Law

Re: Common law names

You don't describe why you have to document these name changes.

In general though, it seems that you never formally changed your name from your maiden name to what you are describing as your "common-law name". So you will not be able to prove the occurrence of an event that never occurred. In that case all you can do is explain that you took on the name of an ex-partner for a period of time; something like using a nickname.

Maybe you can establish a paper trail of the names you have used by tying it to your SSN or a credit report or some government record.

You might want to be careful using the term "common-law name, however. That would imply a common law marriage. If you did not get divorced, someone might argue that you are still married to the prior partner and that you are in a bigamous marriage now. You don't want to open that can of worms.

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Answered on 1/28/09, 7:05 pm


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