Common Law Marriage - FAQ's

If one spouse in a common law marriage dies without a will, how will the property accumulated during the marriage be divided among the heirs?

A common law spouse enjoys all the legal rights and privileges that a formally married person has, including inheritance rights.  Assuming that the common law marriage is undisputed by the other heirs or can be proven, the deceased spouse’s property will be divided by the intestacy statute found in the Texas Probate Code. If the deceased had no living father, mother, children, grandchildren, brothers, sisters, or their descendants, the surviving spouse inherits the entire estate.

If the deceased had a child or children, then the surviving spouse inherits one third of the personal estate with the balance of the personal estate going to the child or children and their descendants.  The surviving spouse also inherits a life estate in one third of the lands of the deceased with the remainder distributed to the child or children if any and their descendants.  As these issues can become quite complicated, it is best to consult one of our probate attorneys for advice on your specific situation.

Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.

Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757

Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, Westchase, West Oaks, Memorial, Sugar Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.

Copyright © 2008 Smith & Garg LLC. | All rights reserved. | Disclaimer | Resources
Website Design and Search Engine Optimization by Blue Sand Design