Legal Question in Family Law in Texas
Is this considered common-law marriage?
We lived together 12 years - We agreed to be married, we cohabitated - but we did not have any joint accounts at the time of his recent death.
Could this still be considered common-law marriage?
2 Answers from Attorneys
Re: Is this considered common-law marriage?
Joint accounts are not the determinative factor in common-law marriage. If you lived together, considered yourself to be married and had an agreement to be married, all facts surrounding your arrangement are considered to determine a common-law marriage. If you have other questions, call me 1-877-320-5232
Re: Is this considered common-law marriage?
You appear to have an arguement that you had a common law marriage. If he died intestate (without a will), then you would have an material interest in his estate. However, you must bring suit to determine if you had a common law marriage within one year of his death. As a practical matter, you may need to bring it sooner before his estate is distributed. Any further questions, give me a call at 972-712-9208. Good Luck.
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