Legal Question in Family Law in Texas
What must be done?
As teens we ran away to Mexico and were married by a Justice of the Peace. We have our marriage liscense. We have been told the marriage is not legal and told that it was. It has been over 50 years and we are concerned there may be a problem should one of us passes away before the other and a marriage liscence is needed to probate the will. Our liscense is in Spanish. What is the right thing to do?
2 Answers from Attorneys
Re: What must be done?
You need to do your will and other related documents like medical power of attorney for health care.
If you live in Texas and have been living together for 50 years as husband and wife, then you definately have a valid common law marriage.
God bless you both! May you both live many, many more years so that you won't need to use your wills!
Fran Brochstein
713.847.6000
Re: What must be done?
I agree with Ms. Brochstein. Assuming neither one of you obtaining the license fraudulently, you were legally married. You can register the marriage certificate in the county of your residence if you choose. To further cement the relationship, the county clerk will let you register as common-law married, and date back to the date of marriage.