Legal Question in Family Law in Texas

I am considering signing an ffidavit of Domestic Partnership such that my partner can get insurance via my employer. It recommends getting legal advice prior to signing due to possible ramifiactions re joint property and other implications. Can you provide some insight for Texas residents?


Asked on 7/30/12, 9:14 am

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

If your domestic partner is of the same sex, Texas will not recognize the creation of any marital property rights or community property rights, as we call them here. If your domestic partner is of the opposite sex, there is a chance that you could end up meeting the elements of an informal marriage (aka Common Law Marriage), in which case you could create community property in Texas. If a common law marriage were created and recognized by the court, you might be forced to provide insurance even after a break up.

It is worth having a family law attorney look at the actual agreement, however. Advice from a web site like this is limited in value to the extent the responding attorney(s) don't actually see the document you are talking about.

Good luck!!

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Answered on 7/31/12, 12:58 pm


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