Common law marriage, also known as informal marriage, is a legally recognized relationship between two individuals who have not obtained a marriage license or had a formal wedding ceremony. In Texas, common law marriages are recognized if certain legal requirements are met. However, proving a common law marriage after one of the partners has passed away can be difficult. This guide outlines the legal requirements for common law marriages in Texas and the steps to take when trying to prove a common law marriage after death.
Legal Requirements for Common Law Marriage in Texas
In Texas, a common law marriage is valid if the couple:
- Agreed to be married
- Lived together in Texas as husband and wife
- Represented themselves to others as being married
1. Agreement to be Married
The first legal requirement for a common law marriage in Texas is that the couple must have agreed to be married. This means that they must have both intended to be married and understood the legal consequences of their agreement. The agreement can be shown through conduct or words.
2. Living Together as Husband and Wife
The second legal requirement for a common law marriage in Texas is that the couple must have lived together in Texas as husband and wife. This means that they must have shared a home and acted like a married couple. Factors that can be used to show that the couple lived together include joint bank accounts, joint ownership of property, and joint bills.
3. Representation as Being Married
The third legal requirement for a common law marriage in Texas is that the couple must have represented themselves to others as being married. This means that they must have held themselves out as a married couple to family, friends, and the community. Evidence that can be used to show representation includes tax returns, insurance policies, and social media posts.
Steps to Prove a Common Law Marriage After Death
When one partner in a common law marriage passes away, the surviving partner may need to prove the existence of the marriage in order to receive certain benefits or inherit property. Here are the steps to take when trying to prove a common law marriage after death:
Step 1: Gather Evidence
The first step to proving a common law marriage after death is to gather evidence of the legal requirements. This can include documents such as joint bank statements, mortgage documents, and lease agreements. Witnesses who knew the couple and can testify about their relationship can also be helpful.
Step 2: File an Affidavit of Common Law Marriage
In Texas, the surviving partner can file an affidavit of common law marriage with the probate court to establish the existence of the marriage. The affidavit should include information about how the couple met, when they began living together, and how they represented themselves as being married.
Step 3: Attend a Hearing
After the affidavit has been filed, the probate court will schedule a hearing to determine whether the common law marriage existed. The surviving partner and any witnesses may be required to testify at the hearing.
Step 4: Provide Proof of Benefits or Inheritance
If the probate court determines that a common law marriage existed, the surviving partner must provide proof of their entitlement to any benefits or inheritance. This can include documents such as a will, life insurance policy, or retirement account beneficiary designation.
Conclusion
Proving a common law marriage in Texas after one partner has passed away can be challenging. However, by gathering evidence, filing an affidavit of common law marriage, attending a hearing, and providing proof of benefits or inheritance, it may be possible to establish the existence of the marriage. If you have questions about common law marriage in Texas, it is important to consult with an experienced attorney who can guide you through the process.