Legal Question in Family Law in Texas
common law marriage in texas of 30 years and spouse dies. Both names on property. Can spouse claim their share of property even if left to spouses children?
Asked on 1/29/17, 12:54 pm
1 Answer from Attorneys
Mark Dunn
Mark D. Dunn
The proper term is "informal marriage."
If an estate has not been opened, then you need to talk to a probate attorney about opening an estate.
If the property is real property, and it was homestead, then the surviving spouse (you) has a life estate in the property.
Remember that in a will, one can give way only what one actually owns. If I have a one-half interest in a house, I cannot leave the entire house to someone else in my will.
Answered on 1/31/17, 1:39 pm
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