In Texas, not every marriage involves a ceremony or a marriage license. The state recognizes common law marriage, also known as an informal marriage, under specific conditions. While this status carries the same legal weight as a formal marriage, it can create complications during probate, especially if the surviving partner must prove the existence of the relationship after one partner dies. Understanding how common law marriage works in the context of probate is critical for protecting inheritance rights and preventing disputes.
What Is Common Law Marriage in Texas?
Texas law allows two adults to be legally married without a formal ceremony or marriage license, provided that all three of the following conditions are met:
- Both individuals agree to be married,
- They live together in Texas as spouses, and
- They present themselves to others as being married.
This form of marriage carries the same legal rights and obligations as a licensed marriage, including the right to inherit through probate. However, if the relationship was never formalized or recorded, the surviving partner may need to prove that the common law marriage existed.
Why Common Law Marriage Matters in Probate
Spouses have strong inheritance rights under Texas law. When someone dies without a will (intestate), the surviving spouse is entitled to a significant share of the estate. However, if the relationship was a common law marriage and there is no will, the surviving partner may be required to prove the marriage to receive those rights.
Even when a will exists, common law spouses may need to establish their marital status in court to claim benefits or to prevent challenges from other family members.
How to Prove a Common Law Marriage in Probate Court
When the decedent has passed away and the relationship was never legally documented, the surviving partner may need to file a Declaration of Informal Marriage or present evidence that supports all three legal requirements. This may include:
- Joint tax returns,
- Shared bank accounts or property,
- Testimony from friends or family,
- Documents listing each other as spouses (e.g., insurance or medical records),
- Public statements or social media confirming the relationship.
Texas probate courts will assess whether sufficient evidence exists to recognize the relationship as a valid marriage.
Time Limits and Disputes
Under Texas law, a claim of common law marriage must generally be brought within one year of the decedent’s death. If no action is taken within that time, courts may presume that no marriage existed. This can bar the surviving partner from inheriting under intestate succession rules.
In cases where other heirs dispute the marriage, the probate process can become more contentious. This often occurs when adult children or other relatives challenge the common law spouse’s rights to property, assets, or authority over the estate.
Planning Considerations for Unmarried Partners
To avoid uncertainty and legal battles during probate, partners in a common law marriage should consider:
- Creating a will that clearly names the partner as a beneficiary,
- Designating each other on life insurance policies, retirement accounts, and real estate,
- Consulting an estate planning attorney to ensure legal protections are in place.
These steps can make it far easier for a surviving partner to assert their rights and avoid conflict after one spouse passes away.
Need Help Proving a Common Law Marriage in Probate?
Whether you’re asserting your rights as a surviving spouse or facing challenges from other heirs, our team at Forbes & Forbes Law Office can help you navigate the probate process with clarity and confidence. Contact us today to schedule a consultation and protect your legal interests.
