Legal Question in Family Law in Texas

I got married last sept, the man I married is married and still married now he is dying of lung cancer. He was to get a annulment but to sick get process it. What are my rights being am the second wife.


Asked on 8/30/11, 5:43 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You are what is called a "putative spouse." Your situation is covered under the 1975 decision in Davis vs. Davis (521 SW2d 603). I assume that you didn't know that he was married at the time you married him.

If he has a will, the will determines how people take his property after his death. However, in his will, he can give away only the property that is his - that is, his community half.

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Answered on 8/31/11, 6:56 am


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