Legal Question in Family Law in Texas

I was married to my husband for 15 years. We divorced but stayed together for the most part. He had a stroke approximately 4 years ago. He informed all of his medical providers that I was his wife. He also introduced me as such to business callers. I took care of him for the final 4 years of his life with no assistance from family. Now his brother considers himself "next of kin" & has taken over his bank account ( he was listed on the account & I was not). He claims he is "trying to help me" but I don't trust him. He has an appointment with an attorney next week to discuss the estate. My husband left a lot of debt which the brother says I must pay to clear the deed to keep our home. Can I claim that I am the common law spouse? What are my rights? Thank you.


Asked on 6/16/15, 7:30 am

1 Answer from Attorneys
TC Langford Langford Law Office

An informal marriage in Texas has three requirements: the couple agrees that they are married; they live together in Texas; and they represent themselves to other individuals that they are married to one another [Family Code � 2.401].

The issue is if you can establish those three facts, since the burden is on you. (assuming you and your husband did not file a declaration with the county clerk). As his wife through an informal marriage, your rights are identical to the rights of a wife in a formal marriage. It appears from your post, that he is now deceased, and you are his widow. Go see a probate/wills and estates attorney, that has family law expertise. The consultation will be minimal, but you should act quickly before your brother-in-law creates a situation that causes even more problems. Good luck.

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Answered on 6/16/15, 4:40 pm


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