Legal Question in Family Law in Texas

Common Law Spouse

My friend has lived with her male friend for 21 years, and he recently passed away, and they never married or filed a certificate of obligation. She did not take his last name and they filed seperate income tax returns. He did leave her his retirement and a insurance policy in the amount of $5,000.00,and at one point she and he had a joint checking account. She is now being sued by the gentlemen's sister, for the estate, of which there is 40 acres of land and a small house on it, with a few cows and some mineral rights. She has affidavits from lots of friends and some of his realatives, saying they presented themselves as husband and wife. She does have a lawyer. Is there any chance should could not win this case? Texas does recognize common law marriage.


Asked on 8/06/07, 7:16 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Common Law Spouse

There's always a chance she could lose the case. Some of the factors of common law marriage you mention appear weak from this distance. I hope she has a good lawyer.

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Answered on 8/06/07, 9:59 pm


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