Legal Question in Wills and Trusts in Texas

Disproving common law marriage in Texas

My brother was killed and his live-in girlfriend of 10-11 years is claiming to be his common law wife. They did own one rec vehic together but didnt have joint accts, filed taxes as single, life insurance benefic listed ''girlfriend,'' he listed single on home loan applic few mos b4 death., & shortly after his death said she was his girlfriend (more than once). She has a few people she says can verify they lived as husb/wife but family has 20+ who can deny it. Is it possible to disprove her claim & would she have any rights to his property?


Asked on 11/02/08, 3:21 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Disproving common law marriage in Texas

It is possible and depends on who the judge believes. The question is...is it worth it? Look at the size of the estate and decide if it is worth the price of a protracted lawsuit. If the claim is disproved, then, assuming no will, she would have no rights except right of reimbursement of any contribution she may have made.

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Answered on 11/02/08, 9:25 am


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