04:45
Faizan
Texas is one of a handful of states that recognize common-law marriage, meaning that a couple can be considered legally married even though they never formally married. Common-law wives can inherit property like other wives, but it may be more difficult for them to prove their marriage existed. Couples can also leave wills allowing their surviving partners to inherit, whether or not they are considered legally married.
Establishing Common-Law Marriage
In Texas, a couple can prove they have a common-law marriage by providing evidence to the court that they agreed to be married, represented themselves to others as a married couple, and lived together in Texas as a married couple. For example, the couple could provide testimony from friends and neighbors that they introduced each other as husband and wife, or the couple could provide documents like joint tax returns. While both spouses are alive, they can sign a registration form at their county clerk's office to legally establish their marriage. After one spouse dies, however, the remaining spouse may have to prove to the court that she and the deceased spouse were actually married.
Effect of Common-Law Marriage
Once a couple has met the three elements of common-law marriage, they are considered legally married in Texas. If the marriage is registered with a county clerk, the registration has the effect of a marriage license or certificate, acting as legal proof the couple married. When one spouse dies, the surviving spouse has the same inheritance rights as a formally married surviving spouse. For example, Texas gives homestead rights to a surviving spouse, allowing the surviving spouse -- including a common-law wife -- to stay in the marital home under some circumstances.
Intestate Succession
When someone dies in Texas without a will, his estate passes to his legal heirs under a hierarchy called intestate succession. Generally, this means the deceased spouse's surviving spouse is entitled to one-third of the deceased's estate if the couple had children, while the children inherit the remaining two-thirds. If the couple have no children, the surviving spouse inherits half of the estate with the other half passing to the deceased spouse's parents. If the deceased spouse leaves no descendants, parents or siblings, all of his estate passes to his surviving spouse. These rules apply to any spouse, including a common-law spouse.
Inheritance by Will
Texas law allows spouses to make wills directing how their property should be distributed after death. Generally, you can leave your property to anyone you want, including your common-law spouse. And -- just like any other legal spouse in Texas -- if you try to cut your common-law wife out of the will, she typically has inheritance rights to a portion of your estate.
Establishing Common-Law MarriageIn Texas, a couple can prove they have a common-law marriage by providing evidence to the court that they agreed to be married, represented themselves to others as a married couple, and lived together in Texas as a married couple. For example, the couple could provide testimony from friends and neighbors that they introduced each other as husband and wife, or the couple could provide documents like joint tax returns. While both spouses are alive, they can sign a registration form at their county clerk's office to legally establish their marriage. After one spouse dies, however, the remaining spouse may have to prove to the court that she and the deceased spouse were actually married.
Effect of Common-Law Marriage
Once a couple has met the three elements of common-law marriage, they are considered legally married in Texas. If the marriage is registered with a county clerk, the registration has the effect of a marriage license or certificate, acting as legal proof the couple married. When one spouse dies, the surviving spouse has the same inheritance rights as a formally married surviving spouse. For example, Texas gives homestead rights to a surviving spouse, allowing the surviving spouse -- including a common-law wife -- to stay in the marital home under some circumstances.
Intestate Succession
When someone dies in Texas without a will, his estate passes to his legal heirs under a hierarchy called intestate succession. Generally, this means the deceased spouse's surviving spouse is entitled to one-third of the deceased's estate if the couple had children, while the children inherit the remaining two-thirds. If the couple have no children, the surviving spouse inherits half of the estate with the other half passing to the deceased spouse's parents. If the deceased spouse leaves no descendants, parents or siblings, all of his estate passes to his surviving spouse. These rules apply to any spouse, including a common-law spouse.
Inheritance by Will
Texas law allows spouses to make wills directing how their property should be distributed after death. Generally, you can leave your property to anyone you want, including your common-law spouse. And -- just like any other legal spouse in Texas -- if you try to cut your common-law wife out of the will, she typically has inheritance rights to a portion of your estate.
Posted in: Estate Laws
