Many Texas couples believe that living together for a certain number of years automatically grants them the same protections as a licensed marriage. The state does recognize informal marriages, but without the right paperwork, your partner is still a stranger to your estate.
If you die with just a will, Texas laws may prioritize your blood relatives and potentially leave your partner homeless and penniless. Understanding what the state requires can help you plan ahead to protect the person you intend to provide for.
Proving common law marriage in Texas
In Texas, there are two ways to prove an informal marriage. The easiest is to sign and file a Declaration and Registration of Informal Marriage with the county clerk in Texas, which serves as immediate legal proof if both partners agree and are together.
Without a filed declaration, you must prove all three legal requirements if a relative or spouse challenges the marriage during probate or divorce:
- You both agreed to be married
- You lived together in Texas as spouses
- You held yourselves out to others as being married
Courts look at the totality of circumstances to verify these three elements. It is wise to prepare and present documentary evidence and testimonies that help support your common law marriage.
Why a will alone is not enough
Even if you named your partner as a beneficiary in your will, that by itself is not sufficient to ensure your assets pass to them when you die. Your family members, such as biological children, siblings or parents, may challenge the relationship by disputing whether a valid marriage existed.
By arguing that you do not have a legal marriage, your blood relatives may try to disrupt the probate process and limit your partner’s rights, which can invalidate your will provisions. Filing a formal declaration can help prevent that problem because it creates an official record of the common law marriage. This paper trail can make it harder to challenge your partner’s legal status while giving stronger protections during probate.
Securing your partner’s future
Drafting a Texas-specific will that identifies your partner as your spouse and primary beneficiary can help safeguard their right to inherit your assets. In addition, it is important to review and update your beneficiary designations on accounts such as 401(k)s and life insurance policies. Doing so can help ensure they match the instructions in your will and avoid any conflicts.
Documenting your final wishes
Protecting your common law spouse in Texas often requires clear, legal documentation of your relationship and a well-drafted, updated will. A lawyer can help you tailor the right safeguards to ensure your estate plan honors your life together.