Common Law Marriage and Legal Security in Texas

In Estate Planning by Taylor Stevens

Individuals who are wed have particular legal rights and defenses that they don’t even consider.
However, there are other couples who have long-term, dedicated relationships who have things a bit more challenging. This short article will reveal the concerns that need to be thought about by individuals who are associated with a non-ceremonial marriage in Texas, and how to prevent a problem.

In Texas, common law marriage is acknowledged. There are numerous couples who consider themselves married, however who have actually not gone through the traditional “legal” ceremonial marital relationship. Any of the following situations might apply;
1. The couple has actually filed a formal and legally binding statement of marital relationship at a county clerk’s workplace;

In Texas, the couple in # 1, above does have the legal defense of marital relationship. The other couples might too, however they may be called upon to “prove” it in certain circumstances. The situation in # 4, above, is the most tough one, specifically if among the partners chooses that s/he no longer wishes to remain in the relationship and there is a possible property conflict.
Here are the most typical situations in which questions might occur:

1. The couple is purchasing property together, or co-owns property or accounts;
These scenarios can produce some of the most lawfully challenging problems. Lots of law school examination questions have been discussed scenarios similar to these.

It is essential for each individual in a relationship to know and comprehend his/her legal status and where he or she stands in relation to property ownership and other rights. No one should dedicate years to a relationship, aid build up property, and worry about being left poverty-stricken if their partner dies, nor need to partners need to fret about proving their legal relationship to each other during a disastrous illness.
An attorney can assist in the following ways:

1. Assist a partner(s) understand his/her legal standing and whether they would be considered legally married;
A short legal consultation can help clarify any questions and ensure that the parties are safeguarded.