Legal Question in Family Law in Texas

Taking a name is not what makes one married or not, or entitled to half or whatever.

Texas is a community property state which means that earnings of the community - both parties together and separate, as well as debts - are owned and owed by both parties.

To be common law married there must be cohabitation, agreement to be married, and holding out to others as married.

If there is no marriage, then the property of each belongs to each - not to the community.