Legal Question in Wills and Trusts in Texas

Common Law Marriage

We are in a common law marriage dispute with my stepmother regarding my late father's will. She is claiming that they were married under common law. She claims that they lived together in the same house since 1988. If the opposing attorney proves that 1. they agreed to be married 2. they cohabitated since 1988 and 3. they represented to others that they were married, when would the marriage be deemed to have begun? Would it be from the time that they began cohabitation or would it be two years after they began cohabitation? There is a two year cohabitation time in Texas that is usually applied as a standard for determining if a common law marriage existed, but we are not sure if it also determines that the marriage did not begin until the two year cohabitation period has passed.

Asked on 1/25/07, 10:40 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Common Law Marriage

The limitation bars claiming common-law marriage by the survivor. The start of the marriage would be when all elements have occured.

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Answered on 1/26/07, 1:29 pm

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