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Common Law Marriage and Legal Protection in Texas

Irvine Probate Law > Estate Law  > Common Law Marriage and Legal Protection in Texas

Common Law Marriage and Legal Protection in Texas

Persons who are wed have certain legal rights and protections that they don’t even believe about.
However, there are other couples who have long-lasting, dedicated relationships who have things a bit harder. This short article will show the concerns that ought to be considered by persons who are associated with a non-ceremonial marriage in Texas, and how to avoid a problem.

In Texas, common law marital relationship is acknowledged. There are numerous couples who consider themselves wed, but who have actually not gone through the conventional “legal” ritualistic marriage. Any of the following situations might use;
1. The couple has filed an official and lawfully binding declaration of marriage at a county clerk’s office;

In Texas, the couple in # 1, above does have the legal defense of marriage. The other couples might too, however they might be called upon to “show” it in specific scenarios. The circumstance in # 4, above, is the most difficult one, particularly if one of the partners chooses that s/he no longer desires to be in the relationship and there is a potential property dispute.
Here are the most common circumstances in which concerns might occur:

1. The couple is buying property together, or co-owns property or accounts;
These scenarios can produce a few of the most legally challenging problems. Lots of law school examination questions have actually been discussed scenarios similar to these.

It is very important for each person in a relationship to understand and understand his or her legal status and where she or he stands in relation to property ownership and other rights. Nobody needs to dedicate years to a relationship, help build up property, and stress over being left destitute if their partner dies, nor must partners have to stress over proving their legal relationship to each other throughout a catastrophic illness.
A lawyer can help in the following ways:

1. Assist a partner(s) comprehend his/her legal standing and whether they would be considered lawfully married;
A short legal assessment can help clarify any questions and assure that the parties are safeguarded.

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