When a person passes away, the surviving spouse has a right to claim a part of their estate. If another heir challenges your inheritance rights, the probate court may ask for legal proof of the marriage. Texas law recognizes common-law or “informal” marriage for couples that live as a married couple without formalizing the marriage. Couples in informal marriages...
Continue ReadingCommon law marriage (or informal marriage) is a legal mechanism for a couple to access marital rights without a formal ceremony. Both heterosexual and homosexual couples may have a common law marriage. In Texas, the two parties must: Agree to be a married couple, Live together in Texas as a married couple, and Represent to others that they are...
Continue ReadingCouples often live together for many years without formally marrying. Sometimes people take this step to progress their relationship without committing to marriage. Dating companions don’t have any automatic rights regarding inheritances from their partners. Suppose, however, you’ve lived as spouses without the formalities of marriage. A common-law spouse is entitled to inherit just as a formal spouse would....
Continue ReadingMany couples move in together before getting married. Perhaps you want to take your relationship to the next level but aren’t ready for marriage. However, you’ve heard about common law marriage and want to ensure that you don’t inadvertently become legally married. How do you stop a common-law marriage in Texas? What Is Common Law Marriage? What is common...
Continue ReadingTexas is one of a handful of states that recognizes informal marriages as valid. These marriages are not entered into during a ceremony or consecrated in church. The couple does not obtain or file a marriage license. Yet if they satisfy the statutory requirements, Texas law views these individuals as legally married and entitled to all of the benefits...
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