Should i go ahead and use his last name?
@libertarianfreedom21 (3198)
United States
April 7, 2008 7:59am CST
OK my fiance and i have been together for 3 years, we are going to get married sometime, but dont know when. We are going to go ahead and pick out wedding bands and go ahead and start wearing them. I'm wondering since we are doing all this should i go ahead and start using his last name, or should i wait till we have an actual wedding? And do i need to go somewhere to get my name changed or can i just start using it?
7 people like this
22 responses
@ElicBxn (64169)
• United States
7 Apr 08
There has been a change in the laws about common-law marriage in Texas. You might want to contact whatever clerk (district or county clerk) that handles marriages and see what the rules are.
Since you are living together and are proposing to present yourself as married, you might want to look into this.
I will say that while you don't think it could happen, at this point you'd almost need a divorce because of the way you are living together.
3 people like this
@libertarianfreedom21 (3198)
• United States
7 Apr 08
yea thats true, but its not like they really will know, my ex i was with a year and half and i havent checked, but i may be married to him. I'm hoping they dont know, its not like they watch and see if your living with a boyfriend or a roommate, or something else. BUT we filed taxes together, so when my now fiance talked to the tax people they said that i maybe married to him. I dont think thats the case though. I should call the county clerk and see. My fiance doesnt even want to. He says its a peice of paper. I would want a divorce if something happend LOL, not to be mean but, He doesnt PERFER me to get a job (the schedule i have i couldnt do it anyways) so if we broke up i would be left with nothing whatsoever. NO car, no money, no job, no house, just clothes, and this here computer LOL. not that we will break up, but you never know what could happen.
2 people like this
@ElicBxn (64169)
• United States
7 Apr 08
I'm just trying to look out for you, because I worked for YEARS with divorces IN Texas.
I'm not considering that you will seperate, and if you don't have any money tied up in property or kids you could just move out and be done with it, but there is the "common-law" marriage to deal with in Texas.
I had a friend who lived together with her boyfriend and did sort of present themselves as married, but because they had no finacial obligations or kids they could just move out like they had been roommates - tho legally they might've been married....
2 people like this
@libertarianfreedom21 (3198)
• United States
7 Apr 08
So you dont think that i should worry about that. I didnt really worry about it, but sometimes, i wonder. I forgot to add we started a business together too. I will figure it out though. My fiance told me that they wouldnt think its official untill you start using the last name. Thanks. OH and are you a lawyer
2 people like this

@Nykkee (2522)
• Canada
7 Apr 08
I think you have to actually be married to legally use his last name. My husband wanted me to start signing his last name once we were engaged, but I asked a few people's opinions and everyone said that you have to stick to your own name until it's legally changed.
3 people like this

@libertarianfreedom21 (3198)
• United States
7 Apr 08
I dont know, I guess i have to call my county clerk. I know that the laws are differant here in Texas than up in Canada, you can be commen-law married if you live with someone for a certian amount of time.
2 people like this

@minnie_98214 (10557)
• United States
7 Apr 08
After married you can change your last name legally its a pain. Just dont forget your social security card I forgot that one and it delayed my tax return.
3 people like this
@Aingealicia (1905)
• United States
7 Apr 08
Depends on how you feel about the last name thing hun. You do need to change it legally and they will not change it until you are married. They need that proof.
Ainge
2 people like this
@libertarianfreedom21 (3198)
• United States
7 Apr 08
I dont know Texas has very little laws on marrage, if you live with someone for like 6 months like your married your considered common-law married
@babykeka80 (2084)
• United States
7 Apr 08
You need to actually get your Social Security card changed in order to be legal. Then you can take that and get your license changed. You can also buy a kit for like $25 that makes it real simple to get everything changed. We got married last July and I still havent done it all. I would wait if I were you but it isnt a big deal. Especially if its just like to order a magazine or something like that. When are you getting married? Congratulations.
3 people like this
@libertarianfreedom21 (3198)
• United States
7 Apr 08
well at first we planned on this June, but its too soon and we dont have the funds, so we are planning on next June. But since we started the business and stuff, we might not be able to do it then. We will see
2 people like this
@lingli_78 (12821)
• Australia
7 Apr 08
i think i will wait until i get legally married if i were in your position... anyway, what's the hurry??? it is only a surname... and it is not very hard to change it... i had been married for more than 2 years now and i haven't change my surname yet... i don't think it is really that important... so i leave it as it is...
1 person likes this
@libertarianfreedom21 (3198)
• United States
8 Apr 08
Its not really important to us either, i was just wondering b/c we are going to go ahead and wear wedding bands before the wedding i was wondering if we should just go ahead and make it official, then just have to have a wedding.
@SViswan (12051)
• India
11 Apr 08
I've been married 8 years and haven't used my husband's last name. I still retain my maiden name (I might get some brickbats for this one)....but my husband and I didn't want to go through the hassles of changing the name.
We've got to get some paperwork done and lots of other things which we didn't have the time or inclination to do.
We have our first names on our wedding bands....and both of us have got our names entered in each other's passports. And we have a marriage certificate too.
But some people I know....don't change their name officially but just start using it where there's no paperwork involved. But this lady got into trouble once because....her ticket was booked with her husband's surname (the office staff didn't know she hadn't officially changed her name)....and her passport had her maiden name....she was stopped at an airport at Germany (funny, one airport already let her through)...and she wasn't allowed to go even though she had a copy of her marriage certificate just because the name on the ticket and passport didn't match.
So, if you decide to change your name (whenever)...please do it properly and legally than just start using it. You might forget and use it where it isn't accepted.
1 person likes this

@SViswan (12051)
• India
12 Apr 08
I don't know how it is at your place...but in India...that's how it is...and it's a pain to get it changed. But when a wife is dependant on her husband and travelling to a different country as his wife and not on an independant visa...I think it might be easier if the name was changed.
@libertarianfreedom21 (3198)
• United States
11 Apr 08
See i didnt know you had to go to so much crap just to get your husbands name, thats stupid, thanks for letting me know that i could get in trouble if i dont do it legally

@tigerdragon (4297)
• Philippines
19 Apr 08
you use his last name if you are legally together as husband and wife and not while engaged and besides you will be having problems when signing papers. you use his nake and use it to sign something then that is misrepresentation.
@mummymo (23706)
•
8 Apr 08
Well I know that here in the UK sweetheart you can use whatever name you like without legally changing it as long as it is not for fraudulent purposes! lol I see no reason that you shouldn't use your partners last name as long as that is what you guys want! xxx
1 person likes this

@libertarianfreedom21 (3198)
• United States
8 Apr 08
your the first one to say go ahead, everyone else seems to say, dont do it dont do it, untill your married, just goes to show how many people follow tradition like its there life. LOL, i think im going to wait though, but i mean its not that big of a deal if i go ahead and use his last name like everyone seems to think it is.
1 person likes this

@moneyandgc (3428)
• United States
8 Apr 08
I don't know. I wouldn't do it. You said your fiance doesn't want to do it at all because it is "just a piece of paper." I think wearing the rings and changing your name to his comforts him because it is not legal. He can pretend that you are married and not have the legal ramifications. I am only saying this because I have been here before.
I found the law for Texas and it isn't as cut and dry as just living together for an X amount of time.
http://www.ncsl.org/programs/cyf/commonlaw.htm
Texas calls it an "informal marriage," rather than a common-law marriage. Under ยง 2.401 of the Texas Family Code, an informal marriage can be established either by declaration (registering at the county courthouse without having a ceremony), or by meeting a 3-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. A 1995 update adds an evidentiary presumption that there was no marriage if no suit for proof of marriage is filed within two years of the date the parties separated and ceased living together.

@moneyandgc (3428)
• United States
8 Apr 08
Oh, I don't think he is bad. I'm sorry if it sounded as if I did. My own husband is who I was referring to. We did the whole "wear the ring" and all of that too. His thing was, he was afraid of being married again (we have both been married once before) even though in his heart he wanted to be married to me.
Even now, he says he is realy glad that we got married but was afraid of it.
Maybe your fiance isn't scared of marriage but my husband was.
He always had a reason to put it off, which I guess is why your discussion struck a little chord.
Again, I didn't mean to cause offense.
Again, I didn't mean to cause offense.1 person likes this
@libertarianfreedom21 (3198)
• United States
8 Apr 08
thats ok, I know lots of people that sound rude on here and not meaning to be, i know that i probally sounded rude to some people too. YEa it stroke a cord when you said that i thought you were man bashing LOL my fiance might have a little fear of getting married again (if he did he doesnt tell me though) but i know he loves me as much as i love him. His ex wife cheated on him and stuff, so sometimes i wonder if he doesnt put all his trust in me because of what she did. HE made me quit a job once, I was the only girl at that job. I was a supervisor too. I did hang out with a few guys after work a couple times (to get some smoke) and he didnt like it and made me quit (well he didnt make me quit, but he made it hell to work there, so i just quit) I learned though that the common law marrige isnt really that big of a deal, you have to do more to become common law married than you do to just go get married.
@libertarianfreedom21 (3198)
• United States
8 Apr 08
He said that because he doesnt like the traditonal veiw. He knows he has to get it and wants to. He didnt ask me to wear the ring, I chose that, he didtn ask me to change his name, I thought about it. so please dont make it seem bad. WE love each other and thats all that matters, what we chose to do with the rest of it, even if we never get "married" is more my discission than his.

@season0907 (671)
• India
7 Apr 08
Hi libertarianfreedom21,
In my opinion you should wait upto your weddingday to use his last name.Don't ask me the reasons, because there is no reason to wait until wedding but it is customary to add his last name only after wedding.For name change you need not go anywhere because, your marriage certificate is enough as a official document.
Good Luck.
@libertarianfreedom21 (3198)
• United States
7 Apr 08
i know its hard sometimes to move away from the traditional. I want a differant wedding like noone elses, but i keep coming back to traditonal ways.
@SukiSmiles (1991)
• United States
7 Apr 08
Unfortunately, I don't know too much about Texas, but I do know that in Arizona, once you have been living together for 7 years, it's a common law marriage. So, if Texas has common law marriages, I would check into that. I know that when I got married that I had to bring the wedding certificate to get my name changed on my social security card and drivers license. I believe that if you want to change your name without the actual wedding then you have to do some sort of legal paperwork that is going to cost you some additional money. I would just wait since it sounds that you don't have any extra money floating around. Personally, I'm just too independent. I really didn't want to change my name. A friend of the family researched my madien name and it turns out that it went from India to the Philipines to the States (my grandfather). It actually comes from Sanskirt. After all that time, I didn't want to get rid of it, especially since it's just me and my sister. So I hypenated. But that wasn't until I was 9 months pregnant with my son and it was to appease my mother-in-law.
1 person likes this
@libertarianfreedom21 (3198)
• United States
7 Apr 08
yea we have common law marriges here, i probally should look into it.
@jenni7202 (1598)
• United States
8 Apr 08
I would personally wait until you got officially married to use it. I'm personally waiting on my boyfriend to give me my engagement ring. He already got it, and it's been sittin on our dresser for over 2 months now, but he doesn't want to give it to me until he can take me out somewhere nice and make it really special for me. I don't mind it being special, it's just going to be special enough that he wants to marry me! Oh well, I'll let him do it his way, since he is the one proposing and all. I won't be using his last name until I get married, although, sometimes he slips and tells his friends and co-workers that I'm his wife. I have to clarify, that if he doesn't actually propose, and we don't walk down the aisle, I will forever be his girlfriend, lol.
1 person likes this
@libertarianfreedom21 (3198)
• United States
8 Apr 08
yea, we do the same and sometimes slip and say my wife or husband, I just now got to were i call him my fiance, i said I wouldnt untill he gave me a ring, but i changed my mind, he already proposed and we are going to get married so i go ahead and say my fiance.
@Angelwhispers (8978)
• United States
8 Apr 08
Why would you want to go though all of that legal manure to change your name unmarried , then have it fall apart if you are not married to have it changed back.. there is more cost in having it reverenced then changing it now? You are not married untill you are married.
1 person likes this
@happythoughts (4109)
• United States
7 Apr 08
You need to get your name legaly changed and I think when I got mine done they needed a copy of the wedding certificate. They had a list of papers that woudl let me chinge my name, like devorce papers and so on. It wasnt that hard though. Why not wait until you actualy get married to use his name?
@sid556 (30953)
• United States
8 Apr 08
I wouldn't start using his name or wearing the ring until you actually are legally married. When you do get married then you have to notify the social security. You also have to change with the bank and drivers licence and all your bills....everything.
1 person likes this
@asawanialvin0611 (1877)
• Philippines
12 Apr 08
use your own name because you still have no documents to support that you already have the right to use his surname
1 person likes this
@anshulsood (312)
• India
8 Apr 08
abt the other things i dont knw much but u shud wait till the wedding before u start using his last name.....


















