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Common law husband

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blindwonder55

Junior Member
What is the name of your state (only U.S. law)? Texas. My common law husband passed away, he was divorced and had a 23 yr old daughter who is lost contact with about 6 yrs ago, we have been living together for 10 yrs, he left no will, but left a mortgage and some money ($1100)in bank. Do I need an executor of estate document to claim that property a house where we have lived in and his daughter doesn't know about it. Do I need her signature before I file this document. She is lost somewhere in the state, his family doesn't know where she is either, will this prevent me from filing an executor document?
 


TheGeekess

TheGeekess

Keeper of the Kraken
First, you'll have to prove you were common law married.
Q:If I end up going to court to prove up a common law marriage, what will I need to show?

* A: You will need to prove up the elements of the common law marriage doctrine as outlined elsewhere in this article. In order to do this, you must show evidence on each point. Your own testimony can be evidence of the existence of a common law marriage; for example, you can testify that your partner introduced you in social situations as his wife, or that you introduced him as your husband. Other people can also testify to the same effect. In addition, you can ask the court to consider documents which reflect that you and your partner held yourselves out to the world as being married. Typical documents presented in these types of cases include leases signed as husband and wife, tax returns filed jointly as a married couple, and insurance policies listing one person as the other person's spouse.

Q: I have heard that if we live together for a certain period of time, we are automatically in a common law marriage whether or not we tell anyone we are married. Is that true?

* A: No. You must satisfy the three-part test described elsewhere in this article to be in a common law marriage, no mater how long you have been living together.
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Common Law Marriage, Travis County, Texas
 
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latigo

Senior Member
Unlike some of the states that recognize a consensual or common law marriage, Texas requires more than mutual consent, cohabitation and holding out to the community as husband and wife. The couple must also sign and file with the county clerk the “Declaration and Registration of Informal Marriage” as required by the Texas Family Code? (Title 1, Chapter 2, Subchapter E, Section 2.402)

Perhaps you complied with the Declaration requirement, but if you did not and were never formally intermarried, then you are not the deceased’s surviving spouse and have no standing to assert any rights or claims against his intestate estate.
 
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anteater

Senior Member
Lats - I think you are misinterpreting. It is an either/or. Make the declaration. Or meet the conditions.

Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:

(1) a declaration of their marriage has been signed as provided by this subchapter; or

(2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married.
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