commonlaw

The state of Texas is one of the few in the union that recognizes “common-law” marriage. This has significance for probate law, particularly ones involving interstate probate. In the state of Texas, the requirements for a relationship to be considered common law are specific, but provable via several means.

Anytime an individual dies without a will and is in a legitimate common law marriage, the issue will need to be resolved in a Texas probate court. A relationship must meet the criteria of common law marriage or it will not qualify for intestate probate. Common law spouses, on the other hand, do have inheritance rights. To be considered married under common law in the state of Texas:

• The couple must live together in the state of Texas as a husband and wife.
• The couple had both agreed to become married.
• The couple represented to others that they knew and met that they were married.

Without meeting these requirements, you will fail to meet the criteria for inheritance rights under Texas state common law marriage probate laws. Still have questions? Want to discuss your case with an experienced probate attorney? If you live in Denton County or anywhere else in the surrounding North Texas area, fill out the form below or call us at 972.591.0099 to schedule a free, no-obligation initial consultation.