Legal Question in Family Law in Texas

Re: What is considered common law marriage in the state of Texas

We have a very similar case going on in our office at this moment.

If the doctors and hospital recognize you as his wife, then you have the right to make all decisions for him. Please be advised that most states do NOT have common law marriage and that his daughter is probably confused by the term and if she is talking to an attorney in Penn. that attorney probably does not know Texas law.

If you are receiving SSI as his spouse, then I would assume that your claim of a common law marriage is pretty strong.

However, please be advised that she can come to Texas and try to remove him.

If she appears and tries to remove him, I suspect that the hospital will require that a court determine who has the right to make decisions for him.

You will need an attorney that probably does probate and guardianship law if she files a lawsuit in probate court.

If she files to overturn the marriage in family court, you will need a family attorney.

Best of luck.

If you are in the Houston area, feel free to call me for a free telephone consultation at 713-847-6000. Be sure to let my secretary know that you found me at lawguru.com.

Fran Brochstein

Re: What is considered common law marriage in the state of Texas

I am a family probate attorney in Mission, and I practice in Cameron Co. as well. I would suggest a guardianship lawsuit in which you could obtain a finding that you are a legal spouse - in addition to the determinations of Social Security and other agencies.

You may call me at 956-424-1644 or e-mail if you wish.

Thanks,

Jim Grissom

Re: What is considered common law marriage in the state of Texas

Fran is telling you correctly ... Your best bet is a competent family/probate attorney in the Brownsville Area ... Best Regards