Do common law require a divorce when the relationship is over?

If you are married and you do not want to be married, you need to file for divorce.  Living together is not enough in itself to make you married under the law.  To be common law married in Texas, you must agree with each other to be married, represent to others that you are married to each other and then cohabit in Texas while still agreeing to be married.  When you discuss your situation with an attorney, the attorney will ask you what facts support a claim that you and he are married. The lawyer may then offer you advice or an opinion about whether your claim will succeed in court. It may be a financial advantage to you to file for divorce if there is property to divide.  A house is usually one of the largest assets in a divorce.