Legal Question in Wills and Trusts in Connecticut

Claim of Common Law Marriage to Deceased

My brother in law & his girlfriend jointly purchased & resided in a home in CT. In 2005 the visited the State of TX staying there less than 1 week. They returned to CT & continued to reside in the same home they occupied prior to the trip to TX. My brother in law passed away suddenly in September of 2006. In October of 2006 during the Probate process his girlfriend filed a claim that they were married by Common Law Marriage. No registration of the alleged marriage was recorded in TX. She is trying to obtain entitlement to his entire estate. Would this be a legal marriage in either the State of TX or CT? I know that CT does not recognize Common Law Marriage in their state but would the State of TX recognize a Common Law Marriage of non-residents visiting their state for such a short time?


Asked on 2/15/07, 10:56 pm

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: Claim of Common Law Marriage to Deceased

I'm not sure what the required time period is to acquire residence in TX, but I'm confident it's more than a week (unless, maybe, they announced to one and all that they were moving to TX for good, which I doubt). So no common law marriage there, either, but you may have to duke it out in court.

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Answered on 2/16/07, 11:22 am


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