By Kendra Rey<\/p>\n
Just what is your relationship with your Valentine?\u00a0 In this month of l\u2019amour<\/em>, do you know if that person you are cozying up with is your spouse or just a close friend? And what is the legal effect of that? (Leave it to a lawyer to make \u201cLove\u201d something debatable!)<\/p>\n If you have gone through a ceremonial marriage with your significant other, then you know you have a wife or husband. But what if you have not had that wedding? There is a general misconception that if you live with someone for six, maybe seven, years, then you are common-law married. That, my friends, is simply not the case.<\/p>\n The Texas Family Code says that a happy (or unhappy!) couple can be found to be married if they (1) agreed to be married, (2) lived together in Texas as a married couple [note the lack of any minimum time period here], and (3) told others that they were married.<\/p>\n And that\u2019s it! You\u2019re married!<\/p>\n If the couple does this, they can go one step further and make the marriage more official by signing a Declaration of Informal Marriage and filing it in their County Courthouse.\u00a0 That step, however, is not required.<\/p>\n What is the implication of being informally married? Each party to the informal marriage has the same rights as any other formally married couple. If one spouse dies, he or she inherits from the deceased spouse just like any other spouse. Community property laws will apply to both spouses, and property acquired after the date of \u201cmarriage\u201d is presumed to be owned 50\/50 as community property.\u00a0 All the laws of Texas accrue to the benefit of the new spouse.<\/p>\n But beware: there is no such thing as a common- law divorce.\u00a0 Once you are informally married, the only way to end it is through death or divorce.\u00a0 So be careful about what sweet nothings you whisper in your partner\u2019s ear this Valentine\u2019s Day \u2013 a romantic moment could end in a lifetime commitment.<\/p>\n Kendra Rey\u2019s practice focuses on estate planning<\/a> and probate<\/a> matters. She assists her clients with the preparation of revocable living trusts and other specialty trusts such as special needs trusts for children and adults with disabilities and IRA trusts, probate-avoidance planning, planning and preparation for Medicaid<\/a> and other government benefits and guardianship.<\/p>\n","protected":false},"excerpt":{"rendered":" By Kendra Rey Just what is your relationship with your Valentine?\u00a0 In this month of l\u2019amour, do you know if that person you are cozying up with is your spouse or just a close friend? And what is the legal effect of that? (Leave it to a lawyer to make \u201cLove\u201d something debatable!) If you […]<\/p>\n","protected":false},"author":38,"featured_media":11790,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_links_to":"","_links_to_target":""},"categories":[1224],"tags":[685,92,905],"class_list":{"0":"post-12151","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-estate-planning","8":"tag-estate-planning","9":"tag-family","10":"tag-trusts"},"yoast_head":"\nWhen Is A Couple Considered Married in Texas?<\/strong><\/h3>\n
Cons of Being Informally Married<\/strong><\/h3>\n
Is There Such A Thing As Common Law Divorce?<\/strong><\/h3>\n
Get Your Family Law Questions Answered<\/strong><\/h3>\n