Legal Question in Personal Injury in Texas
common law marraige
I lived with my fiance for over 6 months. He died at work on the job. His boss came to our apt., told me Doug had died and said he was taking legal possesion of the apartment, our car, and gave me 20 minutes to pack and leave. I was so distraught, I left, and He let me come back a week later to take everything, (or so I thought)he took sa few things without my knowledge.He said he had to sell the car to pay for cremation, although there were other means. He has Doug's ashes and won't give them to me. This was a year ago, and I need to know if I have any rights as a common law wife, and how would I prove common law if I do have rights? Thank you. Susan
1 Answer from Attorneys
Re: common law marraige
Although Texas will recognize a common law marriage under certain circumstances, you have acknowledged a serious inconsistency. You say that he was your fiance. Logically he cannot be a husband and fiance at the same time.
The fact that you permitted his boss to take over rather than your asserting standing as a wife is evidence that you yourself did not consider yourself to be married.
Giving out these personal facts over the internet may result in the use of your message against you as an admission that you were not a common law wife, but were only a fiance. Therefore, you need to talk to an attorney privately where your communications will be privileged.
P.S. When did a boss gain standing to take charge of a decedent's estate? If he took over right after Doug's death, he could not have been the executor because more time is required by the law, and I doubt that he was appointed a temporary administator under emergency circumstances.
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