A Guide to Proving Common Law Marriage After Death in Texas

In Texas, proving a common law marriage after the death of a partner can be a challenging and complex process. Common law marriage is a legal status recognized in Texas, but it requires certain elements to be present to be considered valid. In this article, we will provide a guide to proving common law marriage after death in Texas, including the necessary elements, evidence required, and steps to take.

Elements of a Common Law Marriage in Texas

To be considered valid under Texas law, a common law marriage must meet three elements:

• The couple must agree to be married.
• The couple must live together as husband and wife.
• The couple must hold themselves out as being married to the public.

These elements must be present simultaneously and continuously for a common law marriage to be recognized under Texas law.

Evidence Required to Prove a Common Law Marriage

To prove a common law marriage after the death of a partner, the surviving spouse must provide evidence to show that all three elements of a common law marriage were present. Some evidence that may be helpful in proving a common law marriage includes:

1. Joint Ownership of Property: Evidence that the couple owned property jointly can help show that they held themselves out as being married to the public.
2. Testimony from Witnesses: Witnesses who knew the couple and can testify to their relationship, living arrangements, and interactions with each other can be helpful in proving a common law marriage.
3. Tax Returns: Joint tax returns filed by the couple can be helpful in showing that they held themselves out as being married to the public.
4. Financial Accounts: Joint bank accounts, insurance policies, and other financial accounts can be helpful in proving that the couple lived together as husband and wife.
5. Other Documentary Evidence: Any other documents that show the couple’s relationship, such as letters, emails, or photographs, can also be helpful in proving a common law marriage.

Steps to Take to Prove a Common Law Marriage

To prove a common law marriage after the death of a partner in Texas, the surviving spouse should take the following steps:

1. File a Claim for Benefits: The surviving spouse should file a claim for any benefits they are entitled to as a result of the partner’s death, such as life insurance benefits or survivor’s benefits from a retirement plan.
2. Gather Evidence: The surviving spouse should gather as much evidence as possible to prove the existence of a common law marriage, including the evidence outlined above.
3. Hire an Attorney: It can be helpful to hire an attorney who is experienced in probate law and can assist in navigating the process of proving a common law marriage.
4. Attend a Probate Hearing: In some cases, it may be necessary to attend a probate hearing to present evidence and argue for the existence of a common law marriage.

Conclusion

Proving a common law marriage after the death of a partner in Texas can be a challenging process, but it is possible with the right evidence and legal assistance. The three elements of a common law marriage must be present simultaneously and continuously, and evidence such as joint ownership of property, testimony from witnesses, tax returns, financial accounts, and other documentary evidence can be helpful in proving a common law marriage. The surviving spouse should file a claim for benefits, gather evidence, hire an attorney, and attend a probate hearing if necessary to prove the existence of a common law marriage. By following these steps, the surviving spouse can ensure that they receive any benefits they are entitled to as a result of the partner’s death.