How Common Law Marriages Can Complicate Texas Probate

In this article, you will discover:

• The definition of a common law marriage under Texas law.
• How an attorney can help when a common law spouse’s rights are challenged.
• The statute of limitations for a common law spouse to claim their rights under Texas law.

What Qualifies As A Valid Common Law Marriage Under Texas Law?

Common law marriage is an informal marriage. The law recognizes common-law marriage as a relationship in which people cohabit and hold themselves out as husband and wife.

This arrangement becomes an issue when one partner dies, and the other partner doesn’t want to move out of the house. Suddenly, they’ll decide they were married.

If you’re going to live with someone and don’t want to get married, make an agreement acknowledging you are not married and have no plans to get married. Conversely, if you’re saying you’re married, in the absence of a formal certificate, your assertion won’t count.

This gray area can be a real problem, because an informal marriage is treated the same as a formal marriage under Texas law. If you’re married, you’re married.

Texas only has two statuses: married or not married. “Separated is” not a status. If you are in an informal marriage, at least file the certificate saying that, so it’s clear. If you’re not, write up an agreement stating you’re not married.

Sometimes friends or relatives will testify that you were married, that you referred to each other as husband and wife. However, the court will typically look at a paper trail. Are you on each other’s insurance? Are you listed as a spouse? Do you file joint taxes as married? Do you file single? Are you not getting married because you’re still getting your survivor benefits from your first spouse, who died?

Attorney Farren Sheehan is a skilled lawyer based in Pflugerville, Texas, who has helped numerous clients like you navigate the intricacies of estate planning law. With decades of experience, she is prepared to assist you in handling all probate matters involving common law marriage so that your rights are protected and your responsibilities are clear.

Still have questions? Ready to get started? Contact Sheehan Law PLLC today to schedule an initial consultation.

How Can A Probate Attorney Help Prevent Disputes When A Common Law Spouse’s Rights Are Challenged?

While you’re both alive, file a certificate stating you’re married informally. Alternatively, your partner can execute a will that will take care of everything. Then it won’t matter whether you’re married; the will would control.

Suppose a client told me their husband just died, they were never formally married, but they were common-law married for 15 years. I would have them file an affidavit stating they were married and instruct them to gather the necessary paper trail. Did they file married taxes? Were they listed as a dependent? How did they conduct their life on paper? That’s going to mean more to the court than oral testimony.

What’s The Statute Of Limitations For Asserting A Common Law Spouse’s Rights?

You have two years to assert your rights as a common-law spouse, or you can’t make the claim. So if you waited that whole four years to file for administration and then claim common law marriage, you’d be out of legal options.

What Legal Disputes Can Arise Due To Common-Law Marriage, And How Does Clear Documentation Help?

It’s not unusual for a boyfriend or girlfriend to try, when there’s no will, to claim common-law marriage after their partner’s death because it means they don’t have to move from the home. In fact, they get that homestead right for the rest of their lives.

Other couples never get formally married because one of them is still getting benefits from their first spouse’s federal pension. If they were common-law married to someone else when receiving those benefits, they would be committing fraud. If they later claim they are common-law married while collecting those benefits, they’d lose them. So they’d be committing fraud then or now. They can’t have it both ways.

Some couples claim they were never married. Then why did they file for divorce? If you’re common-law married and you stop living together, you still have to file for divorce. Once you claim you’re married, you’re married. You can’t go back and say you’re not.

That’s why there’s a two-year limitation on asserting your rights as a common law spouse. You can’t come back 10 years later when you’re marrying someone else and say that you’re common-law married. If you didn’t file within the two-year limit, you’ve missed your opportunity.

Still Have Questions? Ready To Get Started?

For more information on common law marriage in Texas probate, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 234-7913 today.