Legal Question in Family Law in Texas

need detailed info. on common law marriage in texas, and what my rights are when my spouse has died. he died about a month ago,and his son and family do not recognize that there was a common law marriage. please advise asap. thank you.


Asked on 8/26/10, 9:42 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

You prove an informal marriage ("common law marriage" is a colloquialism) by proving the elements, which are (basically) [1] an agreement to be married, [2] living together, and [3] representing to others that they are married (2.401, Texas Family Code). You can use live witnesses, documents, or other types of evidence.

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Answered on 8/31/10, 3:15 pm


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