In Texas, common law marriage carries the same legal weight as traditional marriage when it comes to probate matters. For Katy residents and those in surrounding areas, understanding these rights is crucial for estate planning and inheritance purposes.
Legal Recognition in Texas
Texas recognizes informal or common law marriages when three key conditions are met:
• The couple agrees to be married
• They live together as spouses
• They present themselves to others as married
Inheritance Rights
Common law spouses have significant rights in probate proceedings, including:
Community Property Rights
In some cases, A surviving common law spouse retains their 50% interest in all property acquired during the marriage, except for gifts and inheritances.
Homestead Protection
The surviving spouse maintains the right to live in the primary residence for life, regardless of other estate provisions.
Estate Claims
Common law spouses can claim:
• Exempt property (household items, personal effects, vehicles)
• Family allowance for maintenance and support
• Rights under intestate succession laws
Proving Common Law Marriage in Probate
When establishing a common law marriage during probate proceedings, consider these forms of evidence:
• Signed declaration of informal marriage
• Joint tax returns
• Shared financial accounts
• Property records listing both parties as spouses
• Insurance policies with spousal designations
Community Property Considerations
In Katy and throughout Texas, community property laws apply to common law marriages. This means property acquired during the marriage is typically considered jointly owned, affecting how assets are distributed during probate.
Planning Ahead
While Texas recognizes common law marriage, documenting the relationship can prevent future probate complications. Consider working with a qualified legal professional to ensure your rights are protected.For guidance on common law marriage and probate matters in Katy, TX, visit our probate services page or contact our office to schedule a consultation.
To discuss your specific situation regarding common law marriage and probate, contact the Serafini Smith Law Firm today.
