At The Probate Law Group, our dedicated lawyers are here to support and advocate for those seeking rightful inheritance from their common law marriage. In Texas, a wedding ceremony is not a legal requirement due to the recognition of common law marriage in approximately twelve states. Proving the existence of a common law marriage can be crucial for partners to receive specific benefits during their loved one’s life or any inheritance upon their partner’s passing.
Also referred to as informal marriage, common law marriage doesn’t involve a formal ceremony or a marriage certificate. Contrary to a popular misconception, simply living together for a period of time doesn’t establish a common law marriage in Texas. To prove its existence, the following elements must be met:
While completing a “Declaration of Informal Marriage” is one way to establish a Texas common law marriage, courts also consider other evidence of mutual intent, such as:
Courts assess all relevant circumstances to determine whether a couple meets the criteria for a common law marriage, as no single fact is determinative.
Importance of Establishing Common Law Marriage
Couples may seek to establish common law marriage for two primary reasons:
If you find yourself dealing with probate issues in a common law marriage, The Probate Law Group can provide valuable guidance. Whether you seek rightful inheritance or need to address a contested common law marriage claim, our experienced estate planning attorneys can assist you. Schedule a consultation today at (713) 574-6080 or reach us through our online contact form. Our office is conveniently located at 1900 St. James Pl. Suite 430, Houston, TX 77056.
"I have had the pleasure of working with a lawyer of the law firm who is knowledgeable, responsive, and easy to communicate with. I would recommend him"
"I have had the pleasure of working with a lawyer of the law firm who is knowledgeable, responsive, and easy to communicate with. I would recommend him"
"I have had the pleasure of working with a lawyer of the law firm who is knowledgeable, responsive, and easy to communicate with. I would recommend him"
Probate attorneys serving individuals and families in Harris, Montgomery, Fort Bend, Brazoria, Williams, and Travis County.
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